Bharat Bhimrao Popale v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2994 OF 2017 Bharat Bhimrao Popale.

... Applicant.

Versus

The State of Maharashtra.

... Respondents.

--- Mr. Ujwal R. Agandsurve, advocate for Applicant. Ms. Anamika Malhotra, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : DECEMBER 22, 2017 P.C.:

Heard the learned Counsel for the applicant and the learned APP for State.

This is an application under section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested on 29/8/2016 in Crime No. 335 of 2016 registered at Vijapur Naka Police Station, Solapur for the offence punishable under section 376, 504, 506, 511 of the Indian Penal Code and under section 4, 8 read with section 18 of the Protection of Children from Sexual Offences Act, 2012. 1/3

The learned Counsel for the applicant has vehemently submitted that this could be a case of false implication as the applicant happens to be age of grandfather of the victim and therefore, the possibility of false implication cannot be ruled out. As against this, the learned APP has drawn attention of this Court to the statement of the victim which clearly indicates that the victim was hardly 10 years old at the time of the incident whereas the applicant is more than 61 years old. The victim has painfully narrated the whole incidence as it has occurred.

That it is heinous act and therefore, although the investigation is completed and charge-sheet is filed the applicant does not deserve any leniency and hence, the application deserves to be rejected. It is made clear that the observations are restricted to the application under section 439 of the Code of Criminal Procedure, 2/3

1973 and the learned Special Court under POCSO Act shall not be influenced by the said observations.

The application being sans merits stands rejected and disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 3/3