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Bombay High CourtBA/45/2023disposed off as a withdrawn

Sachin @ Harinder Lakhan Paswan v. The State Of Mah. Thr. Pso Ps Chandrapur City Dist.Chandrapur And Another

2023-07-31Hon'Ble Justice Urmila Joshi Phalke2 pages

37 ba45.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.45 OF 2023 Sachin alias Harinder Lakhan Paswan Vs. State of Maharashtra and another _____________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri Tejas Deshpande, Advocate for applicant. Shri S.M. Ghodeswar, APP for non-applicant no.1/State. Ms Falguni Badani, Advocate appointed for non-applicant no.2. CORAM : URMILA JOSHI-PHALKE, J.

DATE : JULY 31, 2023.

This application is for grant of bail under Section 439 of the Code of Criminal Procedure in connection with Crime No.316/2022 registered with Police Station, Chandrapur City, District Chandrapur for the offences punishable under Sections 376,(AB), 376(2)(n), 376(2)(J), 503 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

2.

Earlier Criminal Application (BA) No.1162/2022 was disposed of as withdrawn with liberty to file afresh application if there is no progress in the trial. It is further directed by this Court that in order to make use of liberty granted by this Court, the applicant would be required to make an application before the trial Court for framing charge immediately.

3.

Learned counsel for the applicant Shri Tejas

37 ba45.23.odt Deshpande submits that unfortunately this exercise was not done by the learned counsel for the applicant. Now, the trial is fixed on 04.08.2023 for framing of the charge, therefore, the applicant is seeking permission to withdraw this application with liberty to file afresh, if there is no progress in the trial within six months.

4.

In view of that, the application is disposed of as withdrawn with liberty to the applicant to file afresh application if there is no substantial progress in the trial within six months.

5.

Professional fees of learned counsel appointed for non-applicant no.2 shall be quantified and paid as per Rules. JUDGE Wagh