SAINATH BAPU SALGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant has approached this court seeking his release on bail in C.R. No.1128 of 2020, which arraign him as an accused by invoking Sections 376, 363, 366-A of the Indian Penal Code ("the IPC") and Sections 8, 9 and 12 of the Protection of Children from Sexual Offences Act, 2012 ("the POCSO Act") registered with Sangola Police Station, Dist. Solapur. He also seeks the following relief:

(2.) The CR in question came to be registered by the father of the victim girl, aged 13 years, 7 months and 5 days, on the date of the incident, alleging that the Applicant was working as a driver on a tractor of a person residing in the Complainant's village and, that is how, he was acquainted with the Complainant. On 03/09/2020, he found his daughter (the victim) not present in the house, when the family awoke to the day. On enquiry with the persons in the neighborhood, he was informed that his minor daughter was having an affair with the Applicant and they had eloped to get married and he was further informed that the marriage was performed and he was shown the photos in the mobile by some villagers. The Complainant thus alleged that the Applicant has kidnapped his daughter, knowing well that she is a minor and has performed the marriage with her by enticing her away. The registration of the present CR is the result of the said complaint. In connection with the said CR, the Applicant came to be arrested on 10/09/2020 and produced before the Magistrate on 11/09/2020.

(3.) An application came to be filed before the Sessions Court, Pandarpur, by the Applicant invoking Section 167(2) of the Code of Criminal Procedure ("the Cr.P.C.") on 11/12/2020 and it was presented in the Court at 11.20 a.m. The Applicant sought his release on default bail in the said CR, by taking into account the penalty prescribed for the offences with which he is accused of, the charge-sheet ought to have been filed within 90 days and the period of 90 days has come to an end, but the charge-sheet is not instituted, resulting in an indefeasible right accruing to him for being released on default bail.