Surendra @ Ajay Rajaram Nishad v. The State Of Maharashtra And ANR

P.H. Jayani 42 BA2913.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2913 OF 2022 Surendra @ Ajay Rajaram Nishad .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Aniket Vagal, Mr. Kunal Pednekar and Mr. Divesh Mehani for the Applicant.

Mr. A.A. Palkar, APP for the State.

Mr. Wadane Ganesh, API, Vishnunagar Police Station. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 02nd DECEMBER, 2022.

P. C. :- .

This is the 2nd bail application filed by the Applicant who is facing trial in Special Case No.188/2020 pending on the file of Special Judge under Protection of Children from Sexual Offences (POCSO) Act, Kalyan. The previous application being Criminal Bail Application No.2943/2021 was withdrawn with liberty to file fresh Application after recording of the evidence of the victim. 2.

Learned counsel for the Applicant states that the Applicant has not been produced before the Special Court and that there is absolutely no progress in the trial.

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P.H. Jayani 42 BA2913.2022.doc 3.

Considering that the Applicant is a young boy of 22 years of age and is in custody since 15/08/2020, the learned Trial Judge is directed to frame charge expeditiously and record the statement of the victim within a period of six months from the date of receipt of this order. 4.

Liberty is granted to the Applicant to file fresh application after the evidence of the victim is recorded.

5.

Bail Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.12.05 16:35:12 +0530 2/2