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Bombay High CourtAPPA/607/2019rejected

Ganesh S/O Kodu Sahare v. State Of Mah., Thr. Pso Kanhan Dist Nagpur

2019-12-06Hon'Ble Shri Justice V.M. Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.607/2019 IN CRIMINAL APPEAL NO.737/2019 Ganesh s/o Kodu Sahare ..vs..

State of Mah., thr. PSO Kanhan, District Nagpur ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Mrs.Sonali Saware Gadhawe, Counsel for the Applicant (appointed).

Shri P.S.Tembhare, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : DECEMBER 06, 2019.

1.

Heard learned counsel Mrs.Sonali Saware Gadhawe, appointed through the High Court Legal Services Sub Committee at Nagpur.

2.

The present appeal is already admitted and consideration of application for suspension of substantive jail sentence and for grant of bail was deferred, till record and proceedings are received.

3.

Victim is 41⁄2 years of age. This girl was examined as PW2. Though this girl was 5 years at the time of recording of evidence, her evidence shows that she understands everything and she categorically deposed against the applicant and his ill deeds committed by him towards her.

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appa607.19 16 4.

In this view of the matter, I see no reason to release the applicant on bail especially when the applicant was not on bail during course of trial.

5.

In this view of the mater, the criminal application is rejected and disposed of accordingly. 6.

Learned counsel Mrs.Sonali Saware Gadhawe for the applicant, is entitled to receive Rs.1500/- for arguing the present application for bail.

7.

Registry is directed to prepare paper-book immediately and place the same for its final hearing. JUDGE !! BRW !!

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