Pandurang Sudhan Shelar v. State Of Maharashtra And ANR.

SLJ 36-APEAL-154-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 154 OF 2023 Pandurang Sudhan Shelar ...Appellant V/s.

State Of Maharashtra And Anr.

...Respondents

Ms. Manisha Devkar for Appellant.

Mr. Ajay Patil, A.P.P. for the Respondent No.1-State. Ms. Jayshree Tripathi, Amicus Curiae, Advocate for Respondent Nos.2. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 14th FEBRUARY, 2023.

P.C.:- .

After hearing the learned Advocate for Appellant at length, when this Court was not inclined to grant relief of bail, the learned Advocate on instructions seeks leave to withdraw present Appeal with liberty to file a fresh application for bail before the trial Court, if the trial arising out of Special Case No.124 of 2021 pending on the file of learned Additional Sessions Judge-6, Thane, does not commence within a period of one year from today.

Leave and liberty granted.

2.

Appeal is dismissed as withdrawn with aforesaid liberty. 3.

The appellant is in jail since 10.01.2021. In view thereof, we expect that, the trial Court will follow the mandate in taking the trial to its logical end as per Section 35 of the Protection of Children from Sexual Offences Act, 2012.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.02.21 10:43:09 +0530 SAJAKALI LIYAKAT JAMADAR (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 1/1