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Bombay High CourtBA/3912/2022disposed off

Shankar Hanumant Malusare v. The State Of Maharashtra And ANR

2023-06-30Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 10 BA-3912-22.odt MANDIRA MILIND SALGAONKAR Date: 2023.06.30 18:25:51 +0530 MANDIRA MILIND SALGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3912 OF 2022 Shankar Hanumant Malusare ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents ...

Mr.Ashraf Ali Shaikh with Mr.Ibrahim Shaikh for the Applicant.

Mr.A.R.Kapadnis, A.P.P. for the State/Respondent. PSI Nalawade attached to Sahkarnagar Police Station, Pune City, present.

...

CORAM: BHARATI DANGRE, J.

DATED : 30th JUNE, 2023 P.C:- 1.

On the earlier occasion, the bail application was withdrawn, when I expressed my disinclination to entertain the same.

By the second application, the applicant seeks his release on bail on the ground of delay in trial and the learned counsel would press into service the decision of this Court in the case of Raj Kumar Kanchhedichal Raikwar Vs. The State of Maharashtra & Anr.1.

2022 ALL MR (Cri) 1431 M.M.Salgaonkar

2/2 10 BA-3912-22.odt 2.

I have considered the charge-sheet presented against the present applicant in the competent court, where he is charged for the offence punishable under Section 354-B of IPC and Sections 3(c), 4, 7, 8, 11(2) and 12 of the POCSO Act. I have also perused the material compiled in the charge-sheet and speciBcally the statement of the victim girl apart from the complainant and in the wake of the seriousness of the accusations levelled by them against the present applicant, I am not inclined to consider the request of the applicant for his release on bail.

The application is, therefore, rejected.

3.

It is informed that the matter is Bxed for framing of charge on 01/07/2023. The concerned court is expected to frame the charge on the said date and proceed with the trial expeditiously.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar