NAIMATULLAH MIRASAHEB GADAMPALLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Initially offence under section 354 and 324 of the I.P.C. were alleged to be committed by the petitioner on the basis of the F.I.R. lodged by Sultana Zulfikar Mirza at CR No.394/96 at Mumbra Police Station. Allegation made were that the petitioner misbehaved with daughter of the complainant by name Tabassum aged 5 years when she had gone to toilet in the school premises where petitioner was working as a Peon. On that complaint, petitioner came to be arrested on 28-9-1996 and he was granted bail by Judicial Magistrate, Thane. However, thereafter, subsequent statement of Sultana came to be recorded on 5th October 1996 wherein she has made out a case that her daughter Tabassum later on told her that the petitioner had committed rape upon her and therefore, offence under section 376 of the I.P.C. came to be added and thereafter bail granted in favour of the petitioner came to be cancelled by the Judicial Magistrate. Petitioner thereafter applied for grant of bail to the Sessions Court, Thane but his application came to be rejected.

(2.) Having regard to the aforesaid facts, I find this to be a fit case to grant bail. Accordingly, petitioner is directed to be released on bail on his furnishing solvent surety to the extent of Rs.5,000/- (five thousand) and PR bond for like amount on condition that he shall report to Mumbra Police Station everyday at any time between 10 a.m. to 12 noon . Bail before Sessions Court, Thane.