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Bombay High CourtBA/2034/2023allowed to be withdrawn

Yogesh Uttam Thorat v. The State Of Maharashtra And ANR

2023-10-20Hon'Ble Shri Justice M. S. Karnik2 pages

2023:BHC-AS:31580 Darshan Patil 9-ba-2034-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2034 OF 2023 YOGESH UTTAM THORAT ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Sanjiv Kadam i/b Adv. Samir Suryawanshi for the Applicant.

Adv. Kapil Shetye for Respondent No.2.

Mr. N. B. Patil, APP for the State.

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

DATE : OCTOBER 20, 2023 P.C. :

1.

Learned counsel for the applicant, on instructions, seeks leave to withdraw the present application with liberty to apply after 6 months.

2.

Learned trial Judge is requested to record the evidence of the child witness in terms of mandate of Section 35(1) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) expeditiously.

3.

The application is allowed to be withdrawn with liberty to apply for bail after the evidence of the child witness is 1/2

Darshan Patil 9-ba-2034-23.doc recorded in terms of Section 35(1) of the POCSO Act or after the period of 6 months, whichever is earlier. 4.

The application is disposed of in the above terms. 5.

This order be placed before the learned trial Court. (M. S. KARNIK, J.) 2/2