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Bombay High CourtBA/740/2021dismissed as withdrawn

Vishwas S/O Laxmikant Mandal v. The State Of Maharashtra, Thr. Pso Ps Beltarodi, Dist. Nagpur

2021-09-06Hon'Ble Shri Justice Rohit Baban Deo2 pages

ba740.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 740 OF 2021 (Vishwas s/o.Laxmikant Mandal..vs.. State, thr PSO, PS Beltarodi, Nagpur) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ Mr. P.S. Jaiswal, counsel for applicant.

Mr. N.R. Rode, APP for non-applicant /State.

CORAM: ROHIT B. DEO, J.

DATE: 06.09.2021.

Considering the prosecution case that the applicant sexually assaulted the victim, who is a minor and a psychiatric patient, I was inclined to reject the Bail Application.

2.

At this stage, the learned counsel Mr. P.S. Jaiswal submits that instead passing an elaborate order, the applicant may be permitted to withdraw the application and the trial Court may be directed to expedite the trial.

3.

The mandate of the Protection of Children From Sexual Offences Act, 2012 is that the trial must ordinarily be concluded within twelve months. In this

ba740.21.odt view of the matter, I see no difficulty in requesting the trial Court to expedite the trial and to conclude the same within the next nine months.

4.

If there is no significant progress in the trial in the next six months, the applicant shall be at liberty to apply for bail, afresh.

5.

Subject to the aforesaid observations, the Application is dismissed, as withdrawn.

6.

The Registry shall ensure that this order is brought to the notice of the trial Court, within the next seven days.

Judge Belkhede