Bombay High Court
APPLN/4648/2008 of SHARAD SHANKAR PAWAR Vs THE STATE OF MAHARASHTRA on 26 December 2008
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4648 OF 2008 Sharad Shankar Pawar .. Applicant. V/s. The State of Maharashtra .. Respondent. --- Mr. S.S.Salunkhe for the Applicant. Mr. D.P.Adsule, APP for the Respondent-State. -----
IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 4648 OF 2008
Sharad Shankar Pawar
.. Applicant.
V/s.
The State of Maharashtra
.. Respondent.
---
Mr. S.S.Salunkhe for the Applicant.
Mr. D.P.Adsule, APP for the Respondent-State.
-----
CORAM : V.R. KINGAONKAR, J.(Vacation Court)DATED : 26th DECEMBER,2008.
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1. This application is for bail. The applicant isarrested for the offence punishable under sections 363, 366read with section 34 of the IPC in connection with thecrime no. 73/2008 registered with the Wathar PoliceStation.
2. Heard the learned advocate for the applicant andlearned APP.
3. According to the prosecution, a minor girl by nameNeelam was taken away by a school teacher of the sameschool in which she was studying in 10th Standard.
Allegedly the applicant aided the main accused for the actof kidnapping or that they allowed the minor girl and theschool teacher to be with each other. It is alleged thatapplicant accused - Sharad had hired a jeep vehicle for theuse of the school teacher -Siddheshwar R. Salunkhe and wasaccompanying him.
4. The material collected during the investigationshows that the applicant had hired a jeep vehicle in whichmain accused Siddheshwar R. Salunkhe and the minor girlhad travelled. The applicant also travelled with them and,prima facie, aided them in having company of each other atthe house in Ter village Dist. Osmanabad. The learned APPsubmitted that if the applicant is released on bail and theminor girl would cause of his involvement in sexualoffence/s then there will be difficulty in arresting him.If such a situation would arise, liberty to apply forcancellation of the bail and to seek permission to arrestthe applicant is granted. Permission may be sought fromthe concerned sessions court.
5. In the result, having regard to the role played bythe applicant his further detention is not required.Hence, the application is allowed. It is directed that theapplicant be released on bail on furnishing a bail bond inthe sum of Rs.15,000/- with one surety in the like amount.
The applicant shall attend the concerned police station oneach Thursday and Sunday between 10 a.m. to 2 p.m. andshall co-operate with the investigating officer during thecourse of investigation.
6. The failure of the applicant to respond to theinterrogation or failure to attend the concerned policestation, as directed above, may entail cancellation of thebail.
7. The applicant shall attend the concerned policestation for four weeks or till filing of the charge-sheetwhich ever is earlier.
(V.R. KINGAONKAR, J. )
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