PRAMOD DHAMU MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner's application for grant of bail has been rejected by the Additional Sessions Judge, Baramati, Dist. Pune on 29-11-1996 and therefore, he has filed the present application.

(2.) ONE Jyoti Nanaji Pawar aged 19 years residing at Baramati had gone to answer the call of nature at about 2. p.m. on 5-11-1996, in the field adjacent to the chawl where she was residing with her husband. After easing herself, when she was returning, one Dixit, the present petitioner and a fatty person by name Ovhal pulled her and Dixit committed rape upon her. After that, petitioner and Ovhal cought hold of her and said that it was now their turn to commit rape upon her. 2 unknown persons were also standing with them. Then, Jyoti escaped from the clutches of the petitioner and the said Ovhal and ran towards her house. When in the evening, her husband returned she was weeping and inspite of repeated questioning, she did not disclose anything to her husband. As such, her husband went to enquire with the neighbours and at that time, Jyoti poured kerosene on her person and set ablaze. She was taken to Silver Jublee Hospital, Baramati and thereafter, she was shifted to Sasoon Hospital, where she died on 11-11-1996. Her dying declaration came to be recorded on 8-11-1996 by the Executive Magistrate in which she narrated the above incident and treating the same as FIR, offence was registered. The petitioner came to be arrested on 9-11-1996 and then applied for bail to the Sessions Court at Baramati. I have heard Shri Bhosale for the petitioner and Mrs. Pawar, APP for the State. It was submitted by Shri Bhosale that only Dixit is alleged to have committed rape and the petitioner and his companion simply cought hold of the prosecutrix and at the most offences under sections 354 and 506 of the I.P.C. are disclosed and both these offences are bailable. As against this, Mrs. Pawar, learned Addl. Public Prosecutor submitted that it is a case of gang rape and further offence under section 306 of I.P.C. is also made out and having regard to gravity of offence, this is not a fit case to grant bail.

(3.) ACCORDINGLY , the petitioner is directed to be released on bail on furnishing solvent surety to the extent of Rs.10,000.00 (ten thousand) and PR bond for like amount on condition that he shall report to Baramati Police Station on every day at any time between 12 Noon to 5 P.M. until charge sheet is filed.