Jarina @ Zareena Khan W/O Siraz ... vs State Of Mha. Thr. Pso Sakkardhara ...
2023 Latest Caselaw 2694 Bom

                                                              Judgment Cr Appeal 110.2023.odt




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

                       CRIMINAL APPEAL NO. 110 OF 2023


        Jarina @ Zareena Khan W/o Siraj Khan
        Aged about 45 years, Occu : Labour,
        R/o Kartik Mela Ground Zopadpatti,                     .. Appellant
        Ujjain, Madhya Pradesh (Within Police
        Station Mahakal, Ujjain)

                              Versus
  1. State of Maharashtra
        Through P.S.O. Sakkardhara, Nagpur
        Dist. Nagpur

  2. XYZ
                                                             .. Respondents

victim Crime No.94/2020 dtd.20.02.2020 registered with P.S.O.

Sakkardhara, Nagpur, District - Nagpur

Shri. M. V. Rai, Advocate for appellant.

Shri. V. A. Thakare, APP for respondent No.1. Smt. Kirti Deshpande, Advocate (appointed) for respondent No.2.

                                       CORAM :     VINAY JOSHI AND
                                                   BHARAT P. DESHPANDE JJ.
                                       DATED   :   20/03/2023


ORAL JUDGMENT (Per : Vinay Joshi J.)

Heard finally by the consent of the learned counsel

appearing for the parties.

Admit.

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                                                              Judgment Cr Appeal 110.2023.odt




(2)                        By this appeal the appellant is challenging the order

dated 05/05/2022, passed by the Special Judge, Nagpur in Special

Case No.639/2021, whereby rejected the bail in Crime No.94/2021

registered with Police Station Sakkardara, District-Nagpur for the

offences punishable under Sections 363, 376(2)(j), 376(2)(n), of

Indian Penal Code, 1860, Sections 4 and 6 of the Protection of

Children from Sexual Offences Act, 2012 and Section 3(1)(r)(s)(w)(i)

of the The Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989.

(3) The appellant is a lady, who is allegedly abeted the

main accused for committing rape on minor victim. The main accused

is son of appellant who is behind bars. Initially mother of victim has

lodged report alleging that her daughter has been kidnapped by

unknown person. During investigation it was revealed that co-accused

Shahrukh has kidnapped minor victim and the applicant assisted him.

The police have recorded the statement of minor victim aged 18 years.

The victim stated that she was doing work of garbage collection at

Nagpur. She got acquainted with co-accused Shahrukh and they

developed love relationship. On 20/02/2020, Shahrukh express his

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Judgment Cr Appeal 110.2023.odt

desire to the victim that they would run away and accordingly both

met at railway station, where all family members of Shahrukh were

present. Thereafter, all of them went to Ujjain, Madhya Pradesh by

train. They stayed in a hut for near about one and half year. During

the said period Shahrukh had sexual relations with minor, who has

delivered a baby. Later on minor was sent back and thus, after return

her statement was recorded.

(4) Though the victim has stated that the family

members of Shahrukh were present at the railway station, however,

the names of family members who were actually present have not been

stated. The entire allegations are against co-accused Shahrukh about

sexual assault on minor. The role assigned to the appellant is that she

being his mother had assisted him in kidnapping the minor. Besides

that there are no allegations against her. Already investigation is

complete and charge-sheet has been filed. The appellant is a lady. No

fruitful purpose would be served in keeping her behind bars. The trial

will take its own time for disposal. In view of that, we deem it fit to

release her on bail by imposing suitable conditions.

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                                                            Judgment Cr Appeal 110.2023.odt




                A) The Appeal is allowed.

B) The impugned order dated 05/05/2022, passed on Exh.5 by Special Judge in Special Case No.639/2021, is hereby quashed and set aside.

C) The appellant Jarina @ Zareena Khan W/o Siraj Khan be released on bail on her furnishing P.R.Bond of Rs.25000/- with one or two sureties in the like amount.

D) The appellant shall furnish her cell number and permanent residential address to the Investigating Officer.

E) The appellant shall not tamper the prosecution evidence in any manner.

F) Pending application, if any, stands disposed of.

G) Fees of appointed counsel be paid as per rules.

        [ BHARAT P. DESHPANDE J. ]                        [ VINAY JOSHI, J. ]




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