Saishwar @ Sagar Vijay Sale v. The State Of Maharashtra And ANR

915. BA-1246-24.docx Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1246 OF 2024 Saishwar @ Sagar Vijay Sale .. Applicant

Versus

The State of Maharashtra & Anr.

.. Respondents ....................

 Ms. Geeta R. Chataule a/w Mr. Vishal Ingawale, Advocate for Applicant  Ms. Megha S. Bajoria, APP for Respondent No. 1 - State  Mr. Jagdish More, PSI, Andheri Police Station ...................

CORAM : MILIND N. JADHAV, J.

DATE : MAY 02, 2025 P. C.

:

1.

Heard Ms. Chataule, learned Advocate for Applicant and Ms. Bajoria, leaned APP for Respondent No. 1 - State. 2.

Present Application was filed by Applicant in March 2024 seeking bail. Applicant stands indicted for offences punishable under Sections 376-D and 328 of IPC as also under Sections 4, 6, 8 and 12 of the POCSO Act. He is arrested on 02.09.2019. Chargesheet is filed on 23.11.2022. Charge is framed. Learned APP shall apprise the status of the trial to the Court on the next adjourned date. 3.

It is prima facie seen that several orders have been passed in the past regarding effect of service on Respondent No. 2 - prosecutrix. Learned APP on taking instructions from Mr. More, PSI would inform the Court that the concerned Police Station has made several attempts

915. BA-1246-24.docx to serve Respondent No. 2 but she has refused to take the service. Considering the timeline in the present case, the aforesaid facts are recorded and hearing of the Application is proceeded forthwith. 4.

In view of the above facts, considering the impleadment of prosecutrix in the present case and the imprimatur of law, I direct the High Court Legal Services Committee to appoint Ms. Devyani Kulkarni, learned Advocate practicing in this Court (Contact No. 9767757637) to represent and espouse the cause of Respondent No. 2 through the Legal Aid forthwith. High Court Legal Services Committee shall give appointment letter to the appointed Advocate to that effect. 5.

Copy of the Bail Application shall be handed over to the Appointed Advocate by learned Advocate for Applicant immediately. 6.

Stand over to 6th May, 2025. To be placed under the caption "First on Board".

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.05.02 19:10:33 +0530 RAVINDRA MOHAN AMBERKAR