Sheikh Shoeb Sheikh Sattar vs State Of Mah., Thr. Pso P S Malkapur ...
2021 Latest Caselaw 157 Bom

                                           1                              cr-appeal-721-19j.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                        CRIMINAL APPEAL NO. 721 OF 2019

  Sheikh Shoeb Sheikh Sattar,
  Aged about 18 years, Occ. Labour,
  R/o. Motala, Dist. Buldhana                                            . . . APPELLANT

                         ...V E R S U S..

  1. State of Maharashtra through
     Police Station Officer,
     Police Station Malkapur Gramin,
     Buldhana.

  2. Ashok Triambak Wankhede,
     R/o. Warkhed, Tah. Motala,
     Dist. Buldhana.                                                . . . RESPONDENTS

 ------------------------------------------------------------------------------------------------
 Shri Md. Naveed Opai Advocate h/f. Shri M. N. Ali, Advocate for
 appellant.
 Ms. Mayuri Deshmukh, A.P.P. for respondent no. 1/State.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 05.01.2021

ORAL JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1. Heard.

2. Admit.

3. This appeal under Section 14A of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the

2 cr-appeal-721-19j.odt

Act of 1989") challenging the order dated 11.10.2019 passed by the

Sessions Judge, Malkapur, Dist. Buldhana in Reg. Bail Application No.

172/2019 arising out of Crime No. 55/2019 under Sections 363, 366

376 of the Indian Penal Code and Section 4(3)(l) of the Protection of

Children from Sexual Offences Act, 2012 and Section 3(2)(5), 3(2)

(va) of the Act of 1989. The First Information Report (FIR) came to be

registered against the present appellant with the accusation that the

appellant caught hold hands of the grand-daughter of the informant,

aged about 17 years. It is further alleged that the appellant kidnapped

the grand-daughter of the informant. The appellant was arrested on

27.04.2019. The appellant therefore filed the Criminal Bail

Application No. 172/2019 before the Special Judge, Malkapur. The

Criminal Bail Application No. 172/2019 was rejected by the learned

Special Judge, Malkapur by order dated 11.10.2019. The appellant

has therefore filed the present appeal.

4. This Court on 06.11.2019 issued notice to the respondents

and released the appellant on provisional bail subject to conditions

stated in the order. The respondent no. 2 is served with notice of the

appeal. The respondent no. 2 has not appeared before this Court

either personally or through Advocate before the Court.

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5. We have gone through the impugned order and the charge-

sheet produced by the appellant on record. After considering the

material on record, we are of the opinion that the order of grant of

provisional bail deserves to be confirmed. The appellant is in jail since

27.04.2019. The prosecution has not pointed out that the appellant

has misused the liberty granted to him. The appellant is aged about 18

years and working as labourer. The charge-sheet is filed. The

prosecution has not pointed out that custodial interrogation of the

appellant is necessary therefore, we pass the following order :-

(i) The impugned order dated 11.10.2019 passed by the

Special Judge, Malkapur, Dist. Buldhana in Reg. Bail Application No.

172/2019 is quashed and set aside.

(ii) The order dated 06.11.2019 passed by this Court releasing

the appellant on provisional bail is hereby confirmed subject to

condition stated in the said order.

The Criminal Appeal is allowed in the above terms.

                JUDGE                                          JUDGE

 RR Jaiswal