Bombay High Court
Priti W/O Manish Warjurkar vs The State Of Maharashtra, Thr. Pso ... on 21 June, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Cr.Appeal No.226.2021-J
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO.226 OF 2021.
Priti w/o. Manish Warjurkar,
Aged about 28 Years. Occ.: Caterers,
R/o. Plot no.101, Gngabai Ghat Road,
Bhuteshwar Nagar, Mahal, Nagpur.
(Presently behind bars in Central
Prison, Nagpur) .... APPELLANT
// VERSUS //
1. State of Maharashtra,
Through Police Station Officer,
Police Station Imamwada,
Nagpur.
2. Pragati Amasn Sontakke,
Age - 23, Occ. - Housewife,
R/o. Medical Savhat, Qtr. No.-5/17,
Imamwada, Nagpur. .... RESPONDENTS
________________________________________________________________
None for the appellant.
Shri S. M. Ghodeswar, A.P.P. for the respondent No.1/State.
_________________________________________________________________________________________________________________________________
CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 21.06.2021.
ORAL JUDGMENT : [PER: AMIT B. BORKAR, J.]
1. This is an appeal under section 14-A of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
against the order dated 15.06.2020 passed by the Additional
Sessions Judge - 11, Nagpur in Miscellaneous Application
No.1186/2020 rejecting application of the appellant under Section
439 of the Code of Criminal Procedure in relation to the Crime No.
335/2019 for the offences punishable under Sections 363, 370, 376,
465, 468, 471 read with Section 34 of the Indian Penal Code,
Sections 3 and 4 of the Protection of Children from Sexual Offences
Act, 2012, Section 9 and 10 of the Prohibition of Child Marriage
Act, 2006 and Section 3(1)(w)(i), 3(2)(va) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The First Information Report came to be registered with
the accusations that one minor girl having name Muskan
Parmeshwar Shendre, aged 16 years was kidnapped from lawful
guardianship. During the investigation, one Baksariya found post
uploaded by the victim and on the basis of said face book post, the
investigating agency traced the victim. The statement of victim
recorded by the investigating agency disclosed name of the
appellant alongwith other accused. It is alleged that during the
investigation it is revealed that it is the appellant, who is the main
accused in the offence. The investigating agency after completion of
investigation has filed charge-sheet against the appellant and
others.
3. The present appellant filed Miscellaneous Criminal
Application No.1186/2020 before the learned Additional Sessions
Judge - 11, Nagpur seeking bail under section 439 of Code of
Criminal Procedure which was dismissed. Appellant challenged
order dated 15.06.2020 rejecting bail application by way of filing
Criminal Appeal No.234/2020. This Court (Coram : Z. A. Haq and
Amit B. Borkar, JJ), by order dated 23.09.2020 dismissed the said
criminal appeal on merits by reasoned order.
4. Though, the order dated 15.06.2020 was challenged in
Criminal Appeal No.234/2020 and same was dismissed on
23.09.2020, the appellant has again on 09.05.2021 filed present
appeal challenging same order dated 15.06.2020.
5. When the matter was called out on 14.06.2021 in the
morning session, the Advocate for the appellant was absent and
therefore, the matter was kept in the afternoon session. Even, in
the afternoon session, the Advocate for the appellant was absent
and therefore, in order to give one more chance to the Advocate for
the appellant, the appeal was adjourned by one week. Today, again
the Advocate for the appellant was absent when the matter was
called out and therefore, the matter was passed over to grant one
more opportunity to the Advocate for the appellant. Even on
second call, the Advocate for the appellant is absent.
6. We have carefully considered the allegations in the First
Information Report and the material produced by the investigating
agency in the form of charge-sheet. On perusal of the material on
record, it appears that the appellant had already challenged the
order impugned in the present appeal by way of filing Criminal
Appeal No.234/2020. The said appeal has been dismissed on merits
by this Court on 23.09.2020. Once the impugned order dated
15.06.2020 has attained finality, the present appeal challenging the
same order cannot be entertained. The appellant has failed to bring
on record any change in circumstances. We are therefore of the
view that there is no merit in the present appeal.
7. The appeal is dismissed.
CRIMINAL APPLICATION (APPA) NO.333/2021.
In view of dismissal of main appeal, Criminal
Application (APPA) No.333/2021 for grant of time to file certified
copy of Misc. Criminal Application No.1186/2020 does not survive.
Hence, it is disposed.
JUDGE JUDGE
RGurnule
