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Bombay High CourtBA/798/2023allowed to be withdrawn

Karan Rajendra Khandagale v. The State Of Maharashtra

2023-09-15Hon'Ble Shri Justice M. S. Karnik2 pages

2023:BHC-AS:27312 Urmila Ingale 932-ba-798-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 798 OF 2023 Karan Rajendra Khandagale ..Applicant VS.

State of Maharashtra ..Respondent Mr. Avinash N.Patil-Barhate for the applicant. Mr. Satchit Bhogle, for respondent no.2.

Ms. Rutuja Ambekar, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 15, 2023 P.C. :

1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for the respondent no.2. 2.

Learned counsel for the applicant on instructions seeks leave to withdraw the application with liberty to file a fresh application after 6 months or after the statement of the victim is recorded by the trial Court under section 35(1) of the Protection of Children from Sexual Offences Act, 2012 ('POCSO', for short).

3.

Considering the nature of the accusations and age of the applicant, the trial Court is requested to record the statement of the 1/2

Urmila Ingale 932-ba-798-23.odt victim under section 35(1) of POCSO expeditiously 4.

Liberty to apply after the deposition of the victim is recorded by the trial Court or after 6 months whichever is earlier. 5.

I appreciate the assistance rendered by Mr. Satchit Bhogle, the learned Advocate who appeared on behalf of the Respondent No. 2. 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.5,000/-.

6.

The application is disposed of as withdrawn.

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