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Bombay High CourtBA/594/2023allowed to be withdrawn

Ramesh Suresh Mohite v. The State Of Maharashtra And ANR.

2023-09-13Hon'Ble Shri Justice M. S. Karnik2 pages

2023:BHC-AS:26859 Darshan Patil 4-ba-594-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 594 OF 2023 RAMESH SURESH MOHITE ..APPLICANT VS.

STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Rakesh Agrawal a/w Adv. Sukhada Dalvi a/w Adv. Parmeshwar Bhise for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

Ms. Gargi Warunjikar for Respondent No.3.

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

DATE : SEPTEMBER 13, 2023 P.C. :

1.

Heard learned counsel for the applicant, learned counsel for Respondent No.3 and learned APP for the State. 2.

Learned counsel for the applicant, on instructions, seeks leave to withdraw the present application. It is further requested considering the applicant is a rickshaw driver, his family is dependent on him and is in custody from 07/10/2022 for a period of 10 months, the trial may be expedited.

3.

It may not be possible to provide a time frame for the 1/2

Darshan Patil 4-ba-594-23.doc trial Court to conclude the trial considering the huge pendency. However, the trial Court is requested to expedite the trial, if possible. In terms of Section 35(1) of the Protection of Children from Sexual Offences Act, 2012, the trial Court will undoubtedly record the evidence of the child/victim.

4.

The applicant is at liberty to apply for bail after the evidence of the child/victim is recorded or after 6 months whichever is earlier.

5.

The application is allowed to be withdrawn with liberty and disposed of accordingly.

6.

I express my gratitude for the able assistance rendered by the Advocate Gargi Warunjikar representing respondent No.3. Learned advocate may be paid the fees as prescribed by the Legal Aid Services Authority or if not prescribed, same may be quantified at Rs.5000/-. (M. S. KARNIK, J.) 2/2