RAMLAL SUKHDEV SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant/accused in crime No.I 239 of 2015 registered with Kasarwadvali police station, District Thane at the instance of the first informant, who is mother of the victim minor female child for offence punishable under section 376, 354, 354(A)1, 354(2), 354(B), of the Indian Penal Code r/w Sec. 3,4,7,8 Protection of Children from Sexual Offences and and under Sec. 3(2) and 4 of Maharashtra Prevention and Eradication of Human Sacrifices and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, by this application is seeking his release on bail after filing of the chargesheet and as the trial could not commenced within the span of one year from the date of disposal of his earlier bail application.

(2.) Heard the learned advocate appearing for the applicant/accused. He pointed out the death certificate showing that mother of the applicant is died on 14.11.2016 and submitted that the applicant be released at least on temporary bail for performing last rites of his mother. It is argued that the spot panchnama shows situation prevalent on the spot of the incident and considering the fact that it is being a small house, it is not possible that the incident would happen there in presence of four persons. Statements of the neighbourers of the prosecuting party are not recorded. Though, Kasarwadvali police station was the jurisdictional Police Station, the prosecuting party approached the Kandiwali Police Station. There is 10 days delay in recording the statement of the victim female child and therefore, the applicant is entitled for bail.

(3.) The learned APP opposed the application by contending that the crime in question is serious and statement of the first informant as well as the victim child shows complicity of the applicant in the crime in question.