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Synopsis

The Bombay High Court has granted bail to a Maulana who was booked for performing a marriage of a minor. 

The single-judge bench of the Bombay High Court, comprising Justice MS Karnik, heard a bail application filed by the Maulana, who was accused of solemnising a forced marriage of a minor in October 2022.

The Maulana faced charges under various sections, including 363, 366, 366A, 370, 376, 376(3), and 120-B of the Indian Penal Code, as well as sections 4, 6, 8, and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

At the time of the incident, the girl was 17 years old when the forced marriage took place.

The Additional Public Prosecutor, PH Gaikwad, argued that the Maulana conducted the marriage with full knowledge that the victim was a minor. He further stated that the applicant was aware that the marriage was being performed illegally.

Gaikwad also pointed out that the Maulana is supposed to perform marriages in a mosque, but in this case, he went to the house of the accused for the ceremony.

The high court, in its order, observed that the applicant had been in custody for more than 11 months, and further prolonging it would amount to pre-trial punishment.

“Considering the nature of accusations against the applicant, prolonging the custody would amount to a pre-trial punishment. The applicant will face the consequences post trial if the charges levelled against him are proved. In the facts and circumstances of the case, the applicant can be enlarged on bail,” the court said.

The bench observed that while the investigation was complete, and the charge sheet had been filed, the trial was unlikely to be concluded soon.

The high court also took into account the fact that the applicant had no criminal antecedents, and he did not appear to be a flight risk.

Therefore, the bench granted him bail and directed the applicant not to seek unnecessary adjournments.

Case title: Fahad Farooque Memon vs State of Maharashtra