Mayur Mahadev Gaikawad v. State Of Maharashtra And ANR

2023:BHC-AS:28709 Darshan Patil 30.ba.114-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.114 OF 2023 MAYUR MAHADEV GAIKAWAD ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Rupesh Zade a/w Adv. Priyanka Gupta for the applicant.

Adv. Trupti Khamkar for Respondent No.2.

Ms. Rutuja Ambekar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 29, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

Considering that the applicant is incarcerated since 21/08/2022 and in the facts and circumstances of the present case, I feel it appropriate to request the trial Court to record the statement of the child witness expeditiously under Section 35(1) of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

3.

The applicant is at liberty to apply for bail after 6 months or after recording of the evidence of the child 1/2

Darshan Patil 30.ba.114-23.odt witness under Section 35(1) of the POCSO Act whichever is earlier.

4.

The application is allowed to be withdrawn with liberty and disposed of in the above terms.

5.

Learned APP submits that if the statement of the child/victim under Section 164 of the Code of Criminal Procedure is not recorded, necessary steps will be taken. (M. S. KARNIK, J.) 2/2