----Petitioner Versus State Of Rajasthan-State, Through Pp

----Respondent For Petitioner(s) : None present.

For Respondent(s) : None present.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Defect pointed out by the office is overruled. Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 185/2019, Police Station Siwana, District Barmer for the offences under Sections 8/15 of the N.D.P.S. Act.

By this application under Section 438 CrPC, the petitioner namely, Pranab Kr. Sharma is seeking pre arrest bail apprehending his arrest in All Women Police Station Case No. 57/2020 registered under Sections 376/313/498(A) of the IPC corresponding to G.R. No. 4553/2020.

The informant on 29.03.2020 lodged a written ejahar before the Officer-in-Charge of All Women Police Station alleging that the petitioner raped her prior to her marriage with him.

Page No.# 2/3 On 14.05.2018 the petitioner married the informant secretly at Kolkata Kalighat Temple and Court marriage between them took place at Guwahati on 18.12.2018 before the Marriage Officer, Kamrup Metro, Guwahati. It is also alleged by the informant that because of their wedlock though she was pregnant, the petitioner forcefully aborted her. It is stated by the informant that she is serving in the office of the Assam Real Estate and Infrastructure Developer's Association (AREIDA) at Guwahati since 2015 and that the petitioner is the lone Director of the said Office and that at present she is residing in the house of the petitioner at New Guwahati. The informant also stated that only after her marriage with the petitioner she could come to know that she is his fourth wife. The informant alleged that the petitioner is physically and mentally torturing her, has his eyes on the money of her mother and her family members and that he is harassing her in all counts of her life and may even through her from the house at New Guwahati wherein she is residing now and from her job at AREIDA.

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Hon'ble Shri Justice Ram Prasanna Sharma CAV Judgment

1. This appeal is preferred against the judgment dated 25 th of February, 2016 passed by Additional Sessions Judge, Gariyaband (C.G.) in Special Case No.12/2015 wherein the said Court has convicted the appellant for charge under Sections 363, 376 of Indian Penal Code, 1860 and under Section 6 of the POCSO Act, 2012 and sentenced him to undergo R.I. for four years with fine of Rs. 200/-, R.I. for ten years with fine of Rs. 200/-, R.I. for ten years with fine of Rs.200/- with default stipulations.

It is to be noted that earlier petitioner has also filed a writ petition being WP 5064 (W) of 2020 challenging the transfer.

Counsel appearing on behalf of the petitioner submits that the petitioner did not join the new college due to several reasons including his ill-health. He further submits that his salary has been stopped and he has not received the salary from the month of March 2020 onwards.

Mr. Biswaroop Bhattacharya, counsel appearing on behalf of the respondent nos.1 and 2, has defended the action of the university and submitted that the university had no intention to stop payment of the petitioner's salary. The same, according to him, has taken place due to the petitioner not having joined his new post even though the transfer order was issued on March 3, 2020.

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Autor: Mitterwieser, Alois
Erschienen 1918
BSB-Signatur Bavar. 4392 u

URN: urn:nbn:de:bvb:12-bsb00131415-2
URL: http://daten.digitale-sammlungen.de/~db/0013/bsb00131415/images/

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