1appln-1748-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 1748/2010 Sabir Yusuf Sayyed @ Sameer Tailor vs. The State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Murtaza Najmi with Rajkumar Nadar with T.K.H.Nair with Ms Roseline Nadar , for the Applicant. Mr K.V.Saste, A.P.P.for the State. CORAM:- A.R. JOSHI, J. DATE :- 18TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this application for regular bail in which the present applicant is arrested for the offence punishable under Section 376 (2) (f) of I.P.C. and sections 3 and 5 of the Prevention of Immoral Traffic Act. 2. The applicant is arrested on 3.11.2009 on which date the F.I.R., was lodged by grand-father of the victim girl. The girl is aged about 9 years and allegedly she had given her statement to the police during inquiry of the matter, about three days prior to lodging of the F.I.R., In the said statement she had narrated various events, though vaguely without quoting any specific dates, as to her own father indulging in sexual relations with her under the influence of alcohol. 2appln-1748-10 She further narrated that her father used to take her to different places and was compelling her to have sexual relations with various persons. Names of persons are given in her statement, though cryptic name of one Sameer is also mentioned and apparently this Sameer alias present applicant – Sabir Yusuf Sayyed was apprehended by the police when his further identification could be gathered from the contents of the F.I.R.which was subsequently given by the grand-father of the girl. 3. It is vehemently argued by learned counsel Shri Murtaza appearing for the applicant that statement of the girl aged 9 years can hardly be believed when she gave only the name as Sameer without there being any other identifying features. He further submitted that there is nothing for the grand-father to ascertain who that Sameer was and as such there could not have been any charge against the present applicant. 4. On above submissions it is pointed out to this Court by learned A.P.P.,that in the F.I.R.there is certain material brought to the notice of the Court by the grand- father of the girl inasmuch as above conduct of the father of the victim girl i.e.his own son. This conduct is regarding said son having a habit of taking liquor, assaulting and illtreating his child i.e.the victim girl. It is also revealed through the said F.I.R.that said father of the victim girl took her and changed his place of residence and went to the place of one Sameer tailor i.e.present applicant and started residing there. According to the investigating agency this is the clue in order to trace out the said Sameer as the same, Sabir Yusuf Sayyed, the present applicant. 5. As argued by learned Advocate for the applicant it would be a question as to 3appln-1748-10 appreciation of evidence as to the involvement of said Sameer alias Sabir Sayyed. However, all the same, considering the possibility of trial taking place in the near proximity, as charge sheet has already been filed and charge is going to be framed on 21.6.2010, it would not be in the fitness of situation to release the present applicant - accused on bail. However, directions can be given to the Trial /Sessions Court to try such type of matters as expeditiously as possible in order to meet the ends of justice. In the result, present application is disposed of with the following order. ORDER (a) Criminal Application No.1748/2010 is hereby rejected. (b) Directions are given to the learned Sessions Court which is seized of the matter to dispose of the same in accordance with law, as expeditiously as possible within a period of six months from the date of receipt of writ of this order. (c) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)