Durgesh Bhaskar Mazi v. State Of Maharashtra And ANR

2023:BHC-AS:28938 Darshan Patil 39-ba-505-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 505 OF 2023 DURGESH BHASKAR MAZI ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Rahul Arote for the Applicant.

Adv. Omkar Nagwekar for Respondent No.2.

Mr. P. H. Gaikwad, APP for the State.

PSI Ravindra Jadhav, Turbhe Police Station.

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

DATE : OCTOBER 3, 2023 P.C. :

1.

Heard learned counsel for the applicant, learned counsel for respondent No.2- Mr. Nagwekar who is appointed by this Court and learned APP for the State. 2.

Learned counsel for the applicant, on instructions, seeks leave to withdraw the present application. 3.

Leave granted. The applicant is at liberty to apply for bail after 6 months or after recording of the evidence of the child witness under Section 35(1) of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act" for 1/2

Darshan Patil 39-ba-505-23.doc short), whichever is earlier.

4.

The application is allowed to be withdrawn with liberty and disposed of accordingly.

5.

Learned trial Judge is requested to record the evidence of the child witness as expeditiously as possible in terms of Section 35(1) of the POCSO Act.

6.

Learned counsel for the applicant undertakes to place a copy of this order before the learned trial Judge. (M. S. KARNIK, J.) 2/2