Harkishankumar Budhan Mandal v. State Of Maharashtra

Darshan Patil 19-ba-2956-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2956 OF 2023 HARKISHANKUMAR BUDHAN MANDAL ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Arvind R. Singh for the Applicant.

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

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

DATE : OCTOBER 25, 2023 P.C. :

1.

Learned counsel for the applicant, on instructions, seeks leave to withdraw the present application with liberty to apply after six months 2.

In the facts and circumstances of the present case, the trial Court is requested to record the deposition of the child witness expeditiously in terms of the mandate of Section 35(1) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). It is one of the contention of the learned counsel for the applicant that the victim is a major.

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Darshan Patil 19-ba-2956-23.doc 3.

The application is allowed to be withdrawn with liberty to apply after six months or after the evidence of the child witness is recorded in terms of Section 35(1) of the POCSO Act, whichever is earlier.

4.

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

All the contentions of the parties are kept open. (M. S. KARNIK, J.) 2/2