Bombay High Court
Mohammad Nawaz Malik Mohammd Iqbaal ... vs State Of Maharashtra Through Pso ... on 10 March, 2025
2025:BHC-NAG:2505
60 cr.a. no.584.24.odt. jud.odt
1/7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL (APEAL) NO.584 OF 2024
Mohammad Nawaz Malik
Mohammad Iqbaal Sufi
Aged about 31 yrs., Occu.: Doctor,
R/o. Dahihanda, Tq. & Dist. Akola .... APPELLANT
// V E R S U S //
1. State of Maharashtra,
through PSO,
Dahihanda Police Station,
Akola
2. XYZ
in the FIR bearing No.0364/2024
Registered at the Dahihanda Police
Station, Akola ... RESPONDENTS
___________________________________________________
Mr A.R. Deshpande, Advocate for the appellant.
Ms T.H. Udeshi, APP for the State.
Mr. Y.P. Bage, Advocate (appointed) for respondent No.2.
____________________________________________________
CORAM : URMILA PHALKE JOSHI, J.
DATE : 10.03.2025
ORAL JUDGMENT
1. Heard.
2. ADMIT. Taken up for final disposal forthwith
by the consent of learned counsel for the parties.
60 cr.a. no.584.24.odt. jud.odt
3. By preferring this appeal the appellant has
challenged the order passed by the learned Additional
Sessions Judge, Akot by which the application of the
present appellant for grant of anticipatory bail is rejected.
4. The appellant is apprehending his arrest at the
hands of police in connection with Crime No.364/2024
registered with Police Station, Dahihanda, District Akola
for the offences punishable under Sections 74, 75(1) of the
Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), under
Sections 8 and 10 of the Protection of Children From
Sexual Offences Act, 2012 (for short, 'POCSO Act') and
under Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short, 'SCST') Act, on the basis of
the report lodged by the victim aged about 17 years and 9
months old on an allegation that on 16.09.2024 she along
with her brother, had been to the hospital of the present
applicant for treatment. At that time the present applicant
60 cr.a. no.584.24.odt. jud.odt
had molested her and outraged her modesty by physically
touching to her private part. On the basis of the said
report, police have registered the crime against the
appellant.
5. After registration of the crime, the appellant
approached the Special Court for grant of anticipatory bail,
which is rejected and therefore, the appellant approached
before this Court.
6. Heard learned counsel for the appellant, who
submitted that the appellant is a medical practitioner and
there was a dispute as to the payment of the fees. A false
first information report is lodged against him. On perusal
of the recitals of the F.I.R, it appears that the victim was
along with her brother, the CCTV cameras have already
installed in the said clinic and merely because there was
dispute as to the payment of fees, a false FIR is lodged
against him. He submitted that even accepting the
60 cr.a. no.584.24.odt. jud.odt
allegation as it is, the bar under Section 18-A is not
attracted and therefore he be protected by granting
anticipatory bail.
6. Learned APP and learned counsel for the
respondent strongly opposed the application and
submitted that considering the recitals of the FIR wherein
it is specifically alleged that the present appellant has
outraged her modesty by touching her chest, the bar
under Section 18-A is attracted. Learned APP further
submitted that now, the investigation is already completed.
The Charge-sheet is filed. However, considering the
allegations levelled against the applicant and the bar
attracted, the application is rightly rejected by the Sessions
Court. No interference is called for.
7. After hearing learned counsel for the appellant,
learned APP for the State and learned counsel for
respondent No.2, perused the recitals of the FIR, from
60 cr.a. no.584.24.odt. jud.odt
which it reveal that the appellant is a medical practitioner
and the present victim had been to the clinic for the
treatment of her brother and at the relevant time the
present appellant has outraged her modesty by touching
her chest. It further reveals from the recitals of the FIR
that there was a dispute on account of payment of the fees.
Thus, there is some substance in the contention of the
learned counsel for the appellant. At the same time the
contention of the appellant is that the CCTV cameras were
not in working condition. At the relevant time he filed an
affidavit to that extent. Now, considering the fact that the
investigation is already completed and charge-sheet is
already filed, no purpose will be served by keeping the
appellant behind the bars. Moreover, considering the
recitals of the FIR, at this stage, the bar under Section
18-A of the SCST Act is not attracted and therefore, the
appellant has made out a case for grant of anticipatory
bail. In view of that, I proceed to pass the following order.
60 cr.a. no.584.24.odt. jud.odt
ORDER
(i) The appeal is allowed.
(ii) In the event of arrest the appellant
Mohammad Nawaz Malik Mohammad Iqbaal
Sufi, shall be released on ad-interim
anticipatory bail in connection with Crime
No.364/2024, for the offences punishable
under Sections 74, 75(1) of the Bharatiya
Nyaya Sanhita, 2023, under Sections 8 and
10 of the POCSO Act and under Sections
3(1)(w)(i), 3(1)(w)(ii), 3(2)(va) of the SC/
ST Act on executing PR bond in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand
Only) with one solvent surety in the like
amount.
(iii) The appellant shall not directly or
indirectly make any inducement and threat
or promise to any person acquainted with
the facts of the present case.
(iv) The appellant shall attend the
proceeding before the Special Court without
seeking any exemption unless there are
exceptional circumstances.
(v) The order passed by learned
Additional Sessions Judge, Akot in Criminal
B.A. No.136/2024 dated 05/10/2024 is
quashed and set aside.
60 cr.a. no.584.24.odt. jud.odt
(vi) The fees of appointed counsel for
victim be quantified as per rules.
8. The criminal appeal stands disposed of.
(URMILA PHALKE JOSHI, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 12/03/2025 17:28:38
