Zakir Ghulam Jilani Khan @ Zakir Khan v. The State Of Maharashtra And ANR

2023:BHC-AS:33448 Darshan Patil 922-ba-484-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 484 OF 2023 ZAKIR GHULAM JILANI KHAN @ ZAKIR KHAN ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Saurabh Tiwari a/w Adv. Mukesh Yadav for the Applicant.

Adv. Priyanka H. Chavan for Respondent No.2.

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

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

DATE : NOVEMBER 03, 2023 P.C. :

1.

Learned counsel for the applicant, on instructions, seeks leave to withdraw the present application with liberty to approach this Court after three months afresh. 2.

The applicant was arrested on 24/09/2022. Learned trial Court is requested to record the evidence of the child witness expeditiously in terms of the mandate of Section 35(1) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) within a period of 3 months from 1/2

Darshan Patil 922-ba-484-23.doc the date when this order is placed before the trial Court for its consideration.

3.

The application is allowed to be withdrawn with liberty as prayed for or after the evidence of the child witness is recorded in terms of the mandate of Section 35(1) of the POCSO Act, whichever is earlier.

4.

The bail application is disposed of in the above terms. 5.

I appreciate the valuable assistance rendered by Adv. Priyanka H. Chavan, who appeared on behalf of respondent No.2 in this proceeding. The engagement of Adv. Priyanka H. Chavan be regularised.

(M. S. KARNIK, J.) 2/2