Naseebullah Barkatullah Khan v. The State Of Maharashtra

1/2 33 BA-705-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.705 OF 2022 Naseebullah Barkatullah Khan ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents ...

Mr.Pramod Pandey for the Applicant.

Mr.S.H.Yadav, A.P.P. for the State/Respondent. Ms.Vrushali Maindad for Respondent No.2/Complainant. PSI B.D.Chavan, attached to Sakinaka Police Station, present. ...

CORAM: BHARATI DANGRE, J.

DATED : 13th OCTOBER, 2022 P.C:- 1.

On expressing my disinclination to entertain the application on perusal of the material compiled in the chargesheet coupled with the statement of the victim girl, recorded under Section 164 of Cr.P.C. before the learned Magistrate, where she corroborates the version in the complaint, learned counsel for the applicant, seeks permission to withdraw the application.

2.

Permission granted.

M.M.Salgaonkar

2/2 33 BA-705-22.doc 3.

Learned counsel, however, submits that despite arrest of the applicant on 09/10/2021, till date no charge has been framed. He pleads that the applicant has four small children and, therefore, trial shall be expedited.

Though I am not inclined to grant such request, since it is informed by the learned A.P.P. that the case is fxed for framing of charge in the frst week of November 2022, learned Special Judge under POCSO Act is requested to frame the charge on the said date and make every endeavour to conclude the trial within one year from the date of framing of charge. 4.

With the aforesaid direction, the application stands disposed off, as withdrawn.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar