Sopan Digambar Chouke vs State Of Mah. Thr. Pso Khamgaon ...
2022 Latest Caselaw 4542 Bom

                                                    1             apeal133.22.judgm.odt


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

                       CRIMINAL APPEAL NO.133/2022


     Sopan Digambar Chouke,
     aged about 28 years, Occ. Labourer,
     r/o Pedka Patonda, Tq. Khamgaon,
     Dist. Buldhana.                                        ...APPELLANT

                                  ...VERSUS...

1. State of Maharashtra, through
   Police Station Officer,
   Khamgaon City Police Station,
   Khamgaon, Dist. Buldhana.

2. XYX (Victim)
   Complainant/informant in
   Crime No. 121/2020 registered
   with Police Station Khamgaon City,
   Khamgaon, Dist. Buldhana.                                ...RESPONDENTS

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Mr. A. D. Bhate, Advocate for appellant.
Mr. S. M. Ghodeswar, A.P.P. for respondent no.1-State.
--------------------------------------------------------------------------------------------

                          CORAM:-          V. M. DESHPANDE &
                                           AMIT B. BORKAR, J.

DATED :- 28.04.2022.

ORAL JUDGMENT (Per: Amit B. Borkar, J.)

1. By this appeal under section 14-A of the Scheduled

Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989,

challenging the order dated 29.01.2022 passed by Special Judge, 2 apeal133.22.judgm.odt

Khamgaon, in Special Case No.156/2021 in relation to Crime

No.121/2020 registered with Police Station, Khamgaon City for an

offence punishable under Sections 376 (2) (n), 312, 506, 420,

465, 468, 471 of the Indian Penal Code and Sections 3 (1) (w) (i)

and 3 (1) (w) (ii), 3(2) (5), 3(2) (va) of the Scheduled Caste and

Scheduled Tribe (Prevention of Atrocities) Act.

2. First Information Report came to be registered against

the appellant with an accusation that the appellant and

respondent no.2 had a repeated sexual intercourse on the basis of

promise of marriage. It appears that relations between appellant

and respondent no.2 were from July-2019 till March-2020.

. The appellant was arrested on 29.10.2021. The

investigating agency has completed the investigation and filed the

charge-sheet.

3. The appellant applied before learned Special Court

seeking bail, which has been rejected by the impugned order.

Therefore, the appellant filed the present appeal challenging the

order of rejection of his application under Section 439 of the Code

of Criminal Procedure.

3 apeal133.22.judgm.odt

4. This Court, on 07.03.2022 issued notices to the

respondent. Notice report shows that respondent no.2-victim has

been served. It appears that in spite of service, respondent no.2 is

not appearing either in person or through her advocate.

5. We have perused the material on record in the form of

charge-sheet. We, prima facie, are satisfied that since the

investigation is complete and charge-sheet is filed against the

appellant, custodial presence of the appellant is not necessary.

Hence, the impugned order rejecting regular bail to the appellant

deserves to be set aside. Hence, we pass the following order.

.                        ORDER

     (i)     The appeal is allowed.


     (ii)    Impugned order dated 29.01.2022 passed by

learned Special Judge, Khamgaon, in Special Case No.156/2021 is hereby quashed and set aside.

(iii) Appellant-Sopan Digambar Chouke shall be released on bail in connection with Crime No.121/2020 registered with Police Station, Khamgaon City for an offence punishable under Sections 376 (2) (n), 312, 506, 420, 465, 468, 471 of the Indian Penal Code and Sections 3 (1) (w) (i) and 3 (1) (w) (ii), 3(2) (5), 3(2) 4 apeal133.22.judgm.odt

(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, on furnishing P.R. Bond in the sum of Rs.5,000/- with one solvent surety in the like amount.

(iv) The appellant shall remain personally present before the learned Special Judge on each and every date.

(v) The appellant shall not cause any act which will influence the witnesses.

(AMIT B. BORKAR, J.) (V. M. DESHPANDE, J.)

kahale

Digitally signed byYOGESH ARVIND KAHALE Signing Date:28.04.2022 16:03