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Bombay High CourtBA/108/2023allowed to be withdrawn

Vishwajeet Hanmant Patil v. The State Of Maharashtra

2023-10-04Hon'Ble Shri Justice M. S. Karnik2 pages

2023:BHC-AS:29063 Darshan Patil 2-ba-108-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 108 OF 2023 VISHWAJEET HANMANT PATIL ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Umesh H. Pawar for the Applicant.

Ms. Ilsa Shaikh for Respondent No.2.

Ms. Veera Shinde, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : OCTOBER 04, 2023 P.C. :

1.

Learned counsel for the applicant, on instructions, seeks leave to withdraw the present application. 2.

Considering that the applicant is in custody from 14/02/2022, the learned trial Court is requested to record the evidence of the child witness expeditiously, in terms of Section 35(1) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

3.

The applicant is at liberty to apply for bail after 6 months or after recording of the evidence of the child 1/2

Darshan Patil 2-ba-108-23.doc witness in terms of Section 35(1) of the POCSO Act, whichever is earlier.

4.

The application is allowed to be withdrawn with liberty. 5.

I am informed that the matter is listed before the trial Court for evidence tomorrow i.e. 05/10/2023. A copy of this order may be placed before the trial Judge.

6.

The application is disposed of in the above terms. 7.

I appreciate the valuable assistance rendered by Ms. Ilsa Shaikh, learned Advocate, who appeared on behalf of respondent No.2 in this proceeding. Learned advocate may be paid the fees as prescribed by the Legal Aid Services Authority or if not prescribed, the same is quantified at Rs.5000/-.

(M. S. KARNIK, J.) 2/2 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 04/10/2023 18:53:07