Bombay High Court
Prajwal Sadashiv Bhandekar vs State Of Mah., Thr. P.S.O. Ps ... on 6 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 23-J-APPEAL-831-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO.831 OF 2019
APPELLANT : Prajwal Sadashiv Bhandekar,
(IN JAIL) A/A 20 years, Occu. Private Service,
R/o Near Devtale College, Chamorshi,
Ta. Chamorshi, Dist. Gadchiroli.
VERSUS
RESPONDENTS : 1. State of Maharashtra,
Through Police Station Officer,
Police Station, Chamorshi,
Dist. Gadchiroli.
2. The Victim
Through her mother/complainant
Smt. Jirabai Vasant Kulmethe,
Aged about : 57 years, Occu. Labour,
R/o Hanuman Ward, Tahsil Office
Road, Chamorshi, Ta. Chamorshi,
District Gadchiroli.
-------------------------------------------------------------------------------------------
Shri V. N. Morande, Advocate for appellant.
Ms. Mayuri Deshmukh, Additional Public Prosecutor for respondent No.1-
State.
-------------------------------------------------------------------------------------------
CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 06/01/2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Admit.
::: Uploaded on - 07/01/2021 ::: Downloaded on - 06/02/2021 22:00:45 :::
2 23-J-APPEAL-831-19.odt
3. This is an appeal under Section 14-A of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 challenging the order dated 15/10/2019
passed by the Additional Sessions Judge, Gadchiroli in Criminal
Bail Application No.453/2019 in relation to Crime No.129/2019
for the offences punishable under Sections 376(2)(1), 354-A, 354-
B, 452 of the Indian Penal Code and Sections 3(1)(w)(i)(ii), 3(2)
(v) of the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989.
4. The First Information Report came to be registered
with respondent No.1 - Police Station with the accusations that
daughter of the informant is mentally challenged and is not able to
speak properly. It is alleged that on 01/06/2019, the appellant
sexually assaulted her. The appellant was arrested on
02/06/2019. The appellant, therefore, filed Criminal Bail
Application No.453/2019 before the Additional Sessions Judge,
Gadchiroli under Section 439 of the Code of Criminal Procedure,
which is rejected by the impugned order dated 15/10/2019. The
appellant has, therefore filed present appeal before this Court.
This Court on 18/12/2019 issued notice to the respondents and
::: Uploaded on - 07/01/2021 ::: Downloaded on - 06/02/2021 22:00:45 :::
3 23-J-APPEAL-831-19.odt
directed that the appellant be released on provisional bail subject
to executing P. R. bond for Rs.20,000/- along with one solvent
surety of like amount.
5. The record shows that the respondent No.2 is
served but the respondent No.2 has not appeared in spite of
service of notice of this Court.
6. We have considered the contents of First
Information Report and the impugned order. From the accusations
in the First Information Report, it appears that the victim is about
32 years old but is mentally challenged. The Disability Certificate
issued by the Medical Board / Civil Surgeon, General Hospital,
Gadchiroli on 29/11/2012 shows that the disability of victim is to
the extent of 45%. The investigation is complete and charge-sheet
is already filed. The respondent No.1 - Investigating Agency has
not able to show that further custody of the appellant is required.
The appellant is aged about 20 years and is working as a Delivery
Boy with H.P Gas, Chamorshi. In para 14 of Appeal Memo, it is
stated that there are no criminal antecedents to the discredit of
the appellant. The prosecution has not shown that the appellant
::: Uploaded on - 07/01/2021 ::: Downloaded on - 06/02/2021 22:00:45 :::
4 23-J-APPEAL-831-19.odt
has misused the liberty granted to him by the order dated
18/12/2019.
7. We, therefore, pass the following order :-
ORDER
I] The impugned order dated 15/10/2019 passed by
the Additional Sessions Judge, Gadchiroli in Criminal
Bail Application No.453 of 2019 is hereby quashed and
set aside.
II] The order of this Court dated 18/12/2019
granting protection to the appellant is confirmed subject
to modified condition that the appellant shall deposit an
amount of Rs.50,000/- with the Additional Sessions
Judge, Gadchiroli.
III] The deposit of cash security of Rs.50,000/- shall
be in addition to the condition already imposed by the
order of this Court dated 18/12/2019 in para 6 of the
order.
IV] The appellant shall deposit the cash security
amount of Rs.50,000/- till 30/01/2021. In case of
default in deposit of cash security of Rs.50,000/- till
30/01/2021, the appellant shall be taken into custody
forthwith.
5 23-J-APPEAL-831-19.odt
V] The learned Sessions Judge shall pass appropriate
order as regards the amount of Rs.50,000/- deposited by
the appellant at the time of conclusion of the trial.
The criminal appeal is allowed in the above terms.
JUDGE JUDGE
Choulwar
