Ambadas Laxman Gawade v. The State Of Maharashtra And ANR

1/2 15 BA 1716-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1716 OF 2022 Ambadas Laxman Gawande ..

Applicant

Versus

The State of Maharashtra and anr ..

Respondents ...

Ms. Mallika Sharma i/b Ms. Anjali Patil for the applicant. Mr. Surel Shah a/w Rahul Kasbekar i/b Ishaan Kapse for Respondent No.2 Mr. S.R. Agarkar, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 24th MARCH 2023 P.C:- The second bail application being filed, on the withdrawal of the first one dated 11/08/2021 deserve a dismissal since the learned counsel is not able to point out any change in circumstance except the long incarceration of the applicant. The applicant is facing a charge under section 4, 8, 12 of the POCSO Act and 376 (2) (i)(n) and 506 of IPC. However since despite the gravity and seriousness of the offence he is entitle to for speedy trial. I deem it appropriate to direct the Special Court to frame the charge within a period of 3 months from today and proceed with the trial expeditiously. The learned counsel for the complainant has invited my attention to the photographs of a minor victim girl which are Ashish

2/2 15 BA 1716-2022.doc placed on record at pages 108 and 109 of the application. Since the girl is minor and it is not permissible to disclose her identity, the learned counsel for the applicant shall put the said photographs in an envelope and if the learned counsel fails to do so, the registry is directed to cover the said photographs at pages 108 and 109.

The bail application is rejected.

( SMT. BHARATI DANGRE, J.) Ashish