Bombay High Court
Amit S/O Diwakar Petkar vs State Of Mah. Thr. Pso Pulgaon ... on 23 July, 2021
Bench: V.M. Deshpande, Amit B. Borkar
Judgment 1 apeal199.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 199/2021
Amit S/o Diwakar Petkar,
Aged about 22 years, Occ. Labour
R/o. Malkapur, Post Kaotha, Tah. Deoli
Dist. Wardha
.... APPELLANT
// VERSUS //
1] State of Maharashtra,
Through Police Station Officer,
Pulgaon, Tah. Deoli Dist. Wardha
2] (X),
{Minor Chakuli Rameshwar Mungale
through her Mother Lata Rameshwar
Mungale}
R/o. Bodad, Malkapur,
Tah. Deoli, Dist. Wardha
.... RESPONDENT(S)
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Shri R.C. Rathi, Advocate for the appellant
Shri S.M. Ghodeswar, APP for the respondent/State
Mrs. Jaya Mishra, Advocate (appt.) for the respondent no. 2
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CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
JULY 23, 2021
ORAL JUDGMENT : (PER:- V.M. DESHPANDE, J.)
1] ADMIT. Taken up for final hearing forthwith by the consent of
the parties.
Judgment 2 apeal199.21.odt
2] Heard Shri R.C. Rathi, learned advocate for the appellant,
Shri S.M. Ghodeswar, learned APP for the respondent no. 1/State and
Mrs. Jaya Mishra, learned advocate appointed by the Legal Aid Committee to
represent the respondent no. 2.
3] The cause for filing of this appeal under Section 14-A of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 (for short "the Act of 1989") for the appellant was rejection of his
application for bail (below Exh. 4) in Special Case No. 14/2021 dated
17/02/2021 by the learned Special Judge, (POCSO Act) Wardha.
4] The victim lodged her report with Police Station Pulgaon on
01/12/2020 narrating therein the atrocities committed on her by the
appellant. In view of the report lodged by the victim with Police Station
Pulgaon, offence was registered against the appellant vide Crime
No. 0689/2020 for the offences punishable under Sections 376 & 376(3) of
the Indian Penal Code, Section 4 of the Protection Of Children From Sexual
Offences Act and Sections 3(1)(w)(ii) & 3(2)(v) of the Act of 1989.
5] The appellant was arrested on 03/12/2020. The Investigating
Agency completed its entire investigation and filed charge-sheet. After filing
Judgment 3 apeal199.21.odt
of the charge-sheet, the case was registered as Special Case No. 14/2021
wherein the appellant filed an application under Section 439 of the Code of
Criminal Procedure for grant of bail which is rejected by the impugned order.
Hence, this appeal.
6] The entire investigation is already over. When the question was
posed to the learned APP regarding criminal antecedents of the appellant, he
fairly submits that past record of the appellant is absolutely clean. The
appellant is aged about 22 years. In the near future, there is no chance of
taking the Special Case No. 14/2021 for the trial.
7] Learned advocate for the appellant submits that the appellant is
ready to reside at Arvi till culmination of the trial.
8] In that view of the matter, we pass the following order :-
(a) The order passed by the learned Special Judge
(POCSO Act), Wardha on 17/02/2021 below Exh. 4 in Special
Case No. 14/2021 is hereby quashed and set aside.
(b) The appellant be released on bail on he executing
P.R. Bond of Rs. Five Thousand with one solvent surety in the
like amount.
Judgment 4 apeal199.21.odt
(c) The appellant shall furnish his residential address
at Arvi at the time of executing the bail bond.
(d) The appellant shall not enter the Village Bodad,
Malkapur, Tahsil Deoli, District Wardha where the victim resides
till culmination of the trial.
(e) Ms. Jaya Mishra, learned advocate who is
appointed through the Legal Aid Committee to represent the
respondent no.2 is entitled to receive her professional fees from
the Legal Aid Committee and the same is quantified at Rs. Two
Thousand Five Hundred.
With this, the criminal appeal is allowed and disposed of.
Pending application(s), if any, stand(s) disposed of.
(JUDGE) (JUDGE)
ANSARI
