Ulhas Chandrakant Shendge v. The State Of Maharashtra And ANR

PMB 19.ba.3820-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3820 OF 2021 Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2023.02.15 14:19:53 +0530 Ulhas Chandrakant Shendge ..Applicant VS.

The State of Maharashtra and anr.

..Respondents ------------ Adv. Mallika Sharma i/b. Adv. Abdeali Kothawala for the Applicant.

Mr. S. V. Gavand, APP for the State-respondent No.1. Adv. Anushree Koparkar for respondent No.2.

------------ PRADNYA MAKARAND BHOGALE CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 14, 2023 P.C. :

1.

Heard learned counsel for the applicant.

2.

Learned counsel for the applicant submits that she may be permitted to withdraw the application on merits with liberty to file a fresh application after six months considering that the applicant is in custody for more than 2 years and 5 months. The offence is punishable under Sections 363, 376, 34 of the Indian Penal Code, 1860 and under Sections 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'the POCSO Act' for short).

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PMB 19.ba.3820-21.doc 3.

The application is allowed to be withdrawn with liberty to file a fresh application for bail after six months. 4.

The trial Court is requested to record the evidence of the victim under Section 35 of the POCSO Act within a period of one month from the date when the order is placed before the trial Court.

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