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Bombay High CourtBA/1120/2025withdrawn

Nagesh Isan Kuwar v. The State Of Maharashtra And Another

2025-09-29Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

34 BA NO. 1120 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 34 BAIL APPLICATION NO. 1120 OF 2025 Nagesh Isan Kuwar

VERSUS

The State Of Maharashtra And Another ...

Mr. Tungar Hrishikesh V., Advocate for Applicant Mr. N. B. Patil, APP for Respondent/State Mr. S. T. Kazi, Advocate for Respondent No.2 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 29.09.2025 PER COURT :- 1.

Heard learned advocate for the applicant, learned APP for the State and learned advocate for respondent No.2. 2.

When this Court expresses disinclination to allow the application, upon instructions, learned advocate for the applicant seeks leave to withdraw the application.

3.

Leave granted. The application is disposed of as withdrawn. 4.

It is submitted that the evidence of two witnesses has already been recorded by the Trial Court and the trial is in progress. The applicant has been in custody for more than six months. As per Section 35(2) of the POCSO Act, the Special Court shall complete the trial as early as possible and in any case within a period of one year from the date of taking cognizance of the offence.

5.

In view of the above, the learned Trial court is directed to

(( 2 )) 34 BA NO. 1120 OF 2025 conclude the trial within the said period. If the trial is not concluded within the stipulated period, the applicant shall be at liberty to file a fresh bail application before the Special Court.

[ SANJAY A. DESHMUKH, J. ] HRJadhav