Ganesh Bhikaji Banjare v. The State Of Maharashtra

24-BA-22242019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2224 OF 2019 Ganesh Bhikaji Banjare ... Applicant Vs The State of Maharashtra ... Respondents ...

Ms. Himneel R. Borse i/by Mr. N.K.Singh for the Applicant.

Ms. P.P.Shine, APP for the Respondent-State.

PSI Tushar Kale attached to Powai Police Station present.

CORAM : SANDEEP K. SHINDE J.

DATE : 17 th FEBRUARY, 2020 P.C. :

Heard.

Applicant is seeking his enlargement on bail in POCSO Special Case No.59 of 2018. Medical reports of the victim, prima-facie, indicate that she was subjected to penetrative sexual assault as is also suggested from her statements. At the time of the incident, victim was 10 years old, a slow learner.

Shivgan 1/2

24-BA-22242019.odt At this stage, I have no reason to disbelieve the victim's statement as well as medical evidence. The learned APP on instructions submits that charge has been framed against the applicant in the subject case. In view of the gravity of the ofence and evidence available on record, application is rejected. However, the learned Trial Judge is requested to expedite the trial in POCSO Special Case No.59 of 2018. Application is dismissed and disposed of accordingly.

It is made clear that observations made hereinabove be construed as expression of opinion only for the purpose of refusal of bail and the same shall not in any way infuence the trial in other proceedings.

(SANDEEP K. SHINDE, J.) Shivgan 2/2