Akshay S/O Raosaheb Mendhe vs State Of Mah. Thr. Pso Ps Akot City ...
2021 Latest Caselaw 494 Bom

                                                1                               cr-apl-335-20j.odt



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

                        CRIMINAL APPEAL NO. 335 OF 2020

  Akshay S/o. Raosheb Mendhe (Jail),
  Age 24 years, Occ. Laborer,
  R/o. Vadgaon Mendhe,
  Tah. Akot, Akola                                                          . . . APPELLANT

                         ...V E R S U S..

  1. State of Maharashtra through
     Police Station Officer,
     Police Station Akot City,
     Akot, Dist. Akola.

  2. Vaishnvi Vijay Chopde,
     Age 17 years, Occ. Education through
     her natural guardian her father
     Vijay Mahadeo Chopde,
     Age 50 years, Occ. Government Service,

       All R/o. Vidya Colony, New Press,
       Akot, Dist. Akola.
       Mobile Number 9665564536.                                       . . RESPONDENTS

 ------------------------------------------------------------------------------------------------
 None for the appellant.
 Ms. Mayuri Deshmukh, A.P.P. for respondent no. 1/State.
 -----------------------------------------------------------------------------------------------
                           CORAM :- Z. A. HAQ AND
                                    AMIT B. BORKAR, JJ.

DATED :- 09.01.2021

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

1. Heard.

2. Admit.

2 cr-apl-335-20j.odt

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

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

"the Act of 1989") challenging the order dated 28.11.2019 passed by

the Additional Sessions Judge, Akot in Misc. Cri. Application No.

278/2019 arising out of Crime No. 283/2019 under Section 3(2), 5,

3(1)(w)(ii) of the Act of 1989. The First Information Report (FIR)

came to be registered against the appellant with accusation that

unknown person had kidnapped the daughter of the informant-

respondent no. 2. The appellant was arrested on 26.07.2019. He

therefore filed application under Section 439 of the Code of Criminal

Procedure, which was rejected by the impugned order 28.11.2019.

The appellant has therefore filed the present appeal. This Court on

10.07.2020 directed release of the appellant on provisional bail,

subject to the condition stated in the said order and issued notice to

the respondent no. 2.

4. The respondent no. 2 was served with notice of the

present appeal but, has not appeared either personally or through

Advocate.

5. We have carefully considered the contents of the FIR and

the material in the charge-sheet. The age of the victim is about 17

years. There is earlier offence registered against the appellant in

3 cr-apl-335-20j.odt

respect of the same victim being Crime No. 202/2019, which was

registered on 15.05.2019. Within two months thereafter, the incident

alleged in the present FIR has taken place. Except Crime No.

202/2019 registered by the same victim under the provisions of

Protection of Children from Sexual Offences (POCSO) Act, 2012, there

is no other offence registered against the appellant. The appellant is

aged about 24 years and is working as labourer. The prosecution has

not pointed out that custodial interrogation of the appellant is

necessary. The prosecution has further not pointed out that the

appellant has misused liberty granted to him by the order dated

10.07.2020. We therefore, pass the following order :-

(i) The impugned order dated 28.11.2019 passed by the

Additional Sessions Judge, Akot in Misc. Cri. Application No.

278/2019 is quashed and set aside.

(ii) The order granting provisional bail to the appellant dated

10.07.2020 is confirmed subject to same condition stated in the said

order.

The Criminal Appeal is allowed in the above terms.

                  JUDGE                                  JUDGE

 RR Jaiswal