Samirahmed Shabbir Sayyad v. The State of Maharashtra & Anr.
Case at a glance
- Bench
- N R BORKAR
Outcome
Bail granted
Criminal Bail Application is allowed
Provisions considered
- Indian Penal Code, 1860 ss. 323, 342, 376, 376(j), 376(l)
- Disabilities Act, 2016
Key paragraphs
- Para 77. Considering the over all facts and circumstances of the case, I am inclined to release the applicant on bail. Sajakali Jamadar 2 of 3 ORDER (i) Criminal Bail Application is allowed; (ii) The applicant is directed to be released on bail in connection with…
Judgment
Ms. Tanvii Tapkire, Advocate for the Applicant. Mr. V. A. Kulkarni, A.P.P. for the Respondent No.1 – State. Mr. Nitin Rajendra Babar (PSI), Sangli Rural Police Station, Dist. Sangli, present. …. CORAM DATE : : N. R. BORKAR, J. 31st JANUARY, 2025. P.C. :
This is an application for regular bail. The applicant came to be arrested in Crime No.133 of 2024 registered at Sangli Rural Police Station, District : Sangli for the offences punishable under Sections 376, 323, 376(j), 376(l), 342 Indian Penal Code and Section 92(d) of the Rights of Persons with Disabilities Act, 2016.
According to the prosecution, on the date of incident which took place on 18.04.2024, the victim had gone to the shop of the present applicant to purchase chicken meat. It is Sajakali Jamadar 1 of 3 SAJAKALI LIYAKAT JAMADAR Digitally signed by SAJAKALI LIYAKAT JAMADAR 15:27:58 +0530 alleged that the present applicant had pulled her inside the shop and committed forcible sexual intercourse with her.
The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that applicant came to be implicated as the prosecutrix was found locked in the shop of the applicant. It is submitted that the applicant is in jail for one year. It is submitted that the father of the applicant is suffering from Stage-IV cancer and there is no other earning member in the family.
On the other hand, the learned A.P.P. for the Respondent-State submits that the prosecutrix is deaf and dumb. It is further submitted that the trial has commenced and therefore at this stage the applicant may not be released on bail.
The learned counsel for the applicant has placed on record the copies of depositions of the victim’s brother and mother. They have not supported the case of the prosecution.
Operative part
Considering the over all facts and circumstances of the case, I am inclined to release the applicant on bail. Sajakali Jamadar 2 of 3 ORDER (i) Criminal Bail Application is allowed; (ii) The applicant is directed to be released on bail in connection with Crime No.133 of 2024 registered at Sangli Rural Police Station, District : Sangli for the offences punishable under Sections 376, 323, 376(j), 376(l), 342 Indian Penal Code and Section 92(d) of the Rights of Persons with Disabilities Act, 2016 on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) The applicant shall attend Trial Court regularly on the date of hearing of the case unless exempted by the Court for some reason. (iv) The Application stands disposed of accordingly. (N. R. BORKAR, J.) Sajakali Jamadar 3 of 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Criminal Bail Application is allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 323, 342, 376, 376(j), 376(l); Disabilities Act, 2016.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.