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Bombay High CourtBA/2378/2021disposed off

Basantlal Sukhadeo Kori v. The State Of Maharashtra

2023-01-04Hon'Ble Shri Justice M. S. Karnik2 pages

Diksha Rane 9. BA 2378-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2023.01.04 19:25:08 +0530 DIKSHA DINESH RANE BAIL APPLICATION NO.2378/2021 BASANTLAL SUKHADEO KORI ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ None for the applicant.

Ms. A. A. Takalkar, APP for State.

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

DATE : JANUARY 4, 2023.

P.C. :

1.

None for the applicant.

2.

This application for bail was filed in July 2021. On October 13, 2021, there was no appearance on behalf of the applicant. A notice came to be issued to the complainant. Thereafter, the matter appeared on board from time to time. There was no appearance on February 24, 2022, October 6, 2022, November 24, 2022 and December 8, 2022 as well. Even today there was no appearance on behalf of the applicant.

3.

With the assistance of learned APP I have gone through the paper-book. The offence is registered against 1/2

Diksha Rane 9. BA 2378-21.doc the applicant vide First Information Report (FIR) No.397/2019 with Kurla Police Station punishable under Sections 377, 506(ii) of the Indian Penal Code, 1860 (hereafter 'IPC' for short) and under Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act' for short).

4.

The applicant was arrested on September 21, 2019. The allegations made by the victim boy who is 16 years of against the applicant who is 35 years of age are serious in nature. I am, therefore, not inclined to entertain this application. Moreover, learned APP points out that the trial Court is proceeding with the trial and one witness is already examined. Considering that the applicant is in custody since September 21, 2019, the trial Court is requested to expedite the trial.

5.

The application is disposed of.

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