STATE OF MAHARASHTRA AND ANR. versus MOHD. SAJID HUSAIN MOHD. S. HUSAIN ETC.

STATE OF MAHARASHTRA AND ANR. versus MOHD. SAJID HUSAIN MOHD. S. HUSAIN ETC.

Since the prosecutrix was determined to be a minor, her consent was irrelevant; the accused (including police officers and politicians) absconded, did not fully comply with bail conditions, and the gravity of offences (including trafficking and rape of a minor) outweighed considerations for anticipatory bail. The High Court erred in granting anticipatory bail without satisfying necessary parameters; its judgment was set aside.

Parties
Appellants: State of Maharashtra and Anr.; Respondents: Mohd. Sajid Husain Mohd. S. Husain etc.
Jurisdiction
India
Judgment Date
10 October 2007
Procedural Posture
Criminal Appeal / Appeal Against Grant of Anticipatory Bail by High Court
Outcome
Appeal allowed; High Court's order granting anticipatory bail set aside.
Legal Topics
Anticipatory Bail, Sexual Offences, Protection of Minors, Immoral Trafficking
Criminal Law Anticipatory Bail Sexual Offences Protection of Minors Immoral Trafficking

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Parties

State of Maharashtra and Anr.

Appellants

Mohd. Sajid Husain Mohd. S. Husain etc.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against Grant of Anticipatory Bail by High Court

Legal Issues

  1. 1 Whether anticipatory bail was rightly granted to respondents accused of offences under Sections 376, 342 r/w 34 IPC and Section 5 of the Prevention of Immoral Trafficking Act, considering factors including the age of prosecutrix and conduct of accused

Ratio Decidendi

Since the prosecutrix was determined to be a minor, her consent was irrelevant; the accused (including police officers and politicians) absconded, did not fully comply with bail conditions, and the gravity of offences (including trafficking and rape of a minor) outweighed considerations for anticipatory bail. The High Court erred in granting anticipatory bail without satisfying necessary parameters; its judgment was set aside.

Court Disposition

Appeal allowed; High Court's order granting anticipatory bail set aside.

Orders

  • Respondents may surrender before Chief Judicial Magistrate and apply for regular bail, to be considered on its own merits.