JAKIR RASHID SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for grant of regular bail. The applicant is shown as an accused in C.R.No.I-07 of 2010 registered by the Jawhar police station for alleged offences under Sections 292, 293, 417 read with 34 of IPC, under section 3(1)(11) of SCST Act, under Section 67 of Information Technology Act and under sections 3 & 4 of the Indecent Representation of Women (Prohibition) Act, 1986. On perusal of the FIR it appears that the crime has been registered on the complaint lodged by one Kusum Gopal Pawar on 4.2.2010. It was her case that she was having physical relationship with the main accused Jahir Bhaiyya Shaikh and sometime after April-2008 took her obscene photographs in compromising position on a mobile phone. These photographs were subsequently found circulated in the town. In so far as present applicant is concerned, he is a owner of the mobile shop and the photographs of the complainant were found on a mobile, pendrive and CD seized from him. The offence under Section 292 is punishable for 2 years and offence under Section 293 is punishable for 3 years. In so far as this applicant is concerned, provisions of Atrocities Act are not attracted as he was not concerned with the lady of where photographs have been circulated. Offence under Information Technology Act is punishable for 7 years and is a bailable offence. Offence under Indecent Representation of Women (Prohibition) Act, 1986 is also punishable for 2 years. Taking into account that this being the first offence and that the applicant appears to have indulged in some activities for commercial purpose, I am inclined to grant bail with stringent conditions. It is therefore, directed that pending his trial in connection with C.R.No.I-07/2010 registered by Jawhar police station, the applicant will be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the condition that he will report to the Investigating officer on every Monday and Thursday till the charge-sheet is filed and thereafter once a week till the trial is concluded. He will also remain present in the court on all dates of his trial unless exempted. He will not tamper with any witnesses and will not publish any obscene photographs. It is made clear that the observations made in this order are prima facie and will not be taken into account at the stage of trial. Application stands disposed off.