Kiran Chandrakant Ovhal v. The State Of Maharashtra And ANR

1/2 31 IA-448.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.448 OF 2020 IN APPEAL NO.123 OF 2020 Kiran Chandrakant Ovhal ..

Applicant Vs.

The State of Maharashtra & Anr.

..

Respondents ...

Mr. Uday Warunjikar with Mr. Pankaj D, Purway for the Applicant.

Mr. Y.Y. Dabake, A.P.P. for the State.

Mr. Tejash Dande with Mr. Bharat Gadhavi for respondent No.2. ...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 24TH MARCH, 2021.

P.C:- 1.

This Application was heard in the backdrop of the fact that the Appeal is already admitted. Mr. Warunjikar, learned counsel appearing for the Applicant has taken me through the entire evidence, on record. On perusal of the material placed on record AJN

2/2 31 IA-448.20.odt by the prosecution, resulting in a judgment of conviction , I am not inclined to release the applicant on bail during the pendency of the appeal.

2.

It is informed that during the trial, the Applicant was not on bail. He has been sentenced to suffer R.I. for 10 years on being convicted under Section 6 of the POCSO Act and, as on date, he has undergone 4 years and 6 months of the sentence imposed.

3.

In view of the aforesaid fact, the Appeal will have to be decided expeditiously and learned A.P.P. and counsel for the complainant have no objection to it.

4.

The Appeal is directed to be listed for final hearing in the week commencing from 21/06/2021.

5.

Call for R. & P. Mr. Warunjikar undertakes that he will prepare private paper book and file the same in the Registry within six weeks from today. On such paper-book being filed, the preparation of the paper-book by the Registry shall be dispensed with.

6.

The Interim Application is dismissed.

SMT. BHARATI DANGRE, J.

AJN