Bhaskar @ Bibhishan Vishnu Shinde v. State Of Maharashtra And ANR

Gitalaxmi 69-wp-2607-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2607 OF 2024 Bhaskar @ Bibhishan Vishnu Shinde .....Petitioner Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Somnath Thengal i/b Mr. Paras Yadav for the Petitioner. Mr. Anand S. Shalgaonkar, A.P.P. for the Respondent-State. Smt. Anamika Malhotra, Addl.P.P. for the Respondent-U.O.I. None present for Respondent No. 2.

P.S.I. Mr. M. G. Chavan, Karad City, Satara present. Captain Mr. Nishchay Vyas, Army present.

CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 10th SEPTEMBER 2024.

P.C.:- 1) Despite granting requisite opportunities, the satisfactory answers from the Commanding Officer, 6003(I) Armoured Workshop at Ranchi are not being offered to this Court. The question which arises for our reconsideration is that despite the Petitioner being accused in an offence punishable under Sections 376, 376(2)(n), 406, 420 & 506 of the Indian Penal Code and as per the prosecution was behind bars for a period about five days, whether any action has been initiated by the Indian Military against him, being a person from the disciplinary forces of the Indian Army.

1.1) We therefore direct the GOC of command concerned to file his response to the queries raised by this Court. 1/2

Gitalaxmi 69-wp-2607-2024.doc 1.2) This is be done within three weeks from today. 2) Stand over to 1st October 2024.

(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2024.09.12 17:43:57 +0530 GITALAXMI KRISHNA KOTAWADEKAR 2/2