Karansingh Ramsingh Thapa v. State Of Maharashtra

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 561 OF 2024 Karansingh Ramsingh Thapa .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Aditya S. Bapat, Advocate for Applicant appointed through Legal Aid.

 Mr. Sukanta A. Karmakar, APP for Respondent - State.  PSI - B. Pawar, Kurar Police Station present. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 04, 2025.

P.C.:

1.

Heard Mr. Bapat, learned Advocate for Applicant and Mr. Karmakar, learned APP for Respondent - State. 2.

Application is received through Jail. On 27.03.2025, this Court passed the following order:- "1.

Heard Mr. Bapat, learned Advocate for Applicant appointed through legal aid and Mr. Karmakar, learned APP for Respondent.

2.

Applicant is indicted under provisions of Indian Penal Code, 1860 (for short 'IPC') and Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). 3.

Mr. Bapat is permitted to implead the victim as Respondent No.2 to the present Application. Application is received from jail. Pursuant to the order passed by this Court on 08.03.2024, Advocate for Applicant came to be appointed to represent the cause of Applicant.

4.

Mr. Karmakar, learned APP informs the Court that he has a copy of the charge-sheet and the same shall be placed on record and copy of charge-sheet shall be handed over to Mr. Bapat to enable him to go through the same.

5.

In the meanwhile, in view of the aforesaid observations, it is directed that State shall be arraigned as Respondent No.1 in the present Application. Prosecutrix is impleaded as Respondent No.2 through the Senior Inspector of Police, Kurar Police Station as Respondent No.2. Amendment is permitted to be carried out forthwith. Amendment is carried out in presence of the Court and re-verification of the same stands dispensed with.

6.

Issue notice to private Respondent No.2. Humdast permitted. In addition to Court's notice, Advocate for Applicant is directed to serve a copy of this order and copy of the Application alongwith charge-sheet on the Investigating Officer directly.

7.

Investigating Officer is directed by this Court to depute a responsible lady Police Officer to serve copy of Application on Respondent No.2 and obtain her consent as to whether she requires legal representation through legal aid. The consent of Respondent No.2 shall be apprised to the Court on the next adjourned date through the learned APP.

8.

The aforesaid exercise should be carried out by learned Advocate for Applicant within a period of one week from today. 9.

Learned APP shall apprise the Court about the progress of trial on the next adjourned date.

10.

Stand over to 04th April, 2025. To be placed under the caption 'For Directions'."

3.

Mr. Karmakar, learned APP is directed to hand over a copy of the charge-sheet to the appointed Advocate Mr. Bapat as also newly appointed Advocate for Respondent No.2 - prosecutrix in the present case to enable them to get ready in the Application. 4.

In the present case, Applicant is incarcerated for the past more than 7 and 1⁄2 years.

5.

Learned Prosecutor has also informed the Court that trial is almost completed and only the Doctor who conducted the PM requires to be examined.

6.

Mr. Karmakar, learned APP for the State is directed to take appropriate instructions from the concerned Investigating Officer and apprise the same to the Court on the next adjourned date. 7.

List the Bail Application on Board on 17th April, 2025. To be listed on the 'Supplementary Board'.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.04.05 11:20:20 +0530 AJAY TRAMBAK UGALMUGALE