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Bombay High CourtIA/2792/2022disposed off

Arvind Aba Pawar v. State Of Maharashtra And ANR.

2023-03-30Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Sharmila U. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL (ST.) NO. 13800 OF 2022 WITH INTERIM APPLICATION NO. 2792 OF 2022 IN CRIMINAL APPEAL (ST.) NO. 13800 OF 2022 Arvind Aba Pawar ... Appellant

Versus

The State of Maharashtra and Another ... Respondents ---- Mr. Samay Pawar i/by Mr. Nitesh J. Mohite for the Appellant. Ms.Sharmila Kaushik, APP for the Respondent-State. ---- CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : MARCH 30, 2023 P. C. :

1.

By this appeal, preferred under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the SC/ST Act"), the Appellant seeks his enlargment on bail in connection with C.R. No. 82 of 2018, registered with the Kurlap Police Station, Sangli, for the alleged offence punishable under Sections 376 (2)(n), 376(c), 376(3), 376(2)(d)(f)(k), 354(A), 506 r/w 34 of the Indian Penal Code, and Sections 3(1) (w), 3(2)(v), 3(2)(v), 3(2)(va) of the SC/ST Act, and under Sections 3,4,5,6,7,8,9,10 of the Digitally signed by SANJAY ASARAM MANDAWGAD Date:

2023.04.03 20:15:04 +0530 Protection of Children from Sexual Offences Act, 2012. SANJAY ASARAM MANDAWGAD

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At the outset, learned APP states that the trial has commenced and that till date 13 witnesses have been examined by the prosecution and that there are only two to three witnesses remaining to be examined.

3.

Considering that the trial is at an advanced stage, we do not deem it appropriate to go into the merits of the petition. The appeal is accordingly dismissed. It is made clear that we have not heard the appeal on merits, since trial has commenced. Needless to state that all contentions of all parties are kept open. 4.

All concerned to act on the authenticated copy of this order.

SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.

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