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Bombay High CourtIA/2005/2023disposed off

Arunkumar Ambadas Joshi v. State Of Maharashtra And ANR.

2024-01-29Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shyam C. Chandak1 pages

ssm 30-ia2005.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2005 OF 2023 IN CRIMINAL APPEAL NO. 1494 OF 2019 Arunkumar Ambadas Joshi .....Applicant Vs.

State Of Maharashtra & Anr.

.....Respondents Adv. Anjali Patil for the Applicant.

Mrs. A.A. Takalkar APP, for the Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 29th JANUARY, 2024.

P.C.:- 1) Perusal of evidence of PW No.1, victim, a minor on the date of alleged first sexual assault by the Applicant, who is her father-in-law, clearly indicates that, the alleged offence committed by the Applicant is heinous in nature. Prima facie the evidence of the prosecutrix inspires confidence in the mind of this Court.

2) The arguments advanced by the learned Advocate for the Applicant amounts to re-appreciation of entire evidence at this stage, which is not permissible in law.

3) In view of the above, we are not inclined to grant bail to the Applicant.

4) Application is accordingly dismissed.

(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2024.02.01 14:32:54 +0530 1/1 SANJIV SHARNAPPA MASHALKAR