Dineshkumar Ramabhilakh Gautam v. State Of Maharashtra And ANR.

2023:BHC-AS:31184 PMB 24.ba.925-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.925 OF 2023 DINESHKUMAR RAMABHILAKH GAUTAM ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Sanjeev Kadam a/w Adv. Prashant P. Raul a/w Adv. Pratik P. Deshmukh i/b. Adv. Varsha Thorat for the Applicant.

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

PSI Bharat D. Rane (Pairavi), Kandivali Police Station, Mumbai.

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

DATE : OCTOBER 18, 2023 P.C. :

1.

Learned counsel for the applicant on instructions seeks leave to withdraw this application with liberty to file fresh application after six months.

2.

Considering that the applicant is in custody almost for a period of two years, the trial Court is requested to record the evidence of the child witness in terms of Section 35(1) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) expeditiously.

3.

The application is allowed to be withdrawn with liberty to apply after six months or after the evidence of the child 1/2

PMB 24.ba.925-23.doc witness is recorded in terms of Section 35(1) of the POCSO Act, whichever is earlier.

4.

The application is disposed of in the above terms. (M. S. KARNIK, J.) 2/2