← Library
Bombay High CourtBA/1328/2024allowed

Bibhishan Ganpat Deshmukh v. State Of Maharashtra

2025-04-02Hon'Ble Shri Justice Milind N. Jadhav2 pages

906.BA.1328.24.doc 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. 1328 OF 2024 Bibhishan Ganpat Deshmukh .. Applicant

Versus

The State of Maharashtra and Anr.

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

 Mr. Girish Palav, Advocate h/f. Falguni Brahmbhatt for Applicant.  Mr. R.M. Pethe, APP for Respondent No.1 - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 02, 2025.

P.C.:

1.

Heard Mr. Palav, learned Advocate for Applicant and Mr. Pethe, learned APP for Respondent No.1 - State. 2.

Applicant is indicted in an offence punishable under the provisions of Indian Penal Code, 1860 and Protection of Children from Sexual Offences Act, 2012.

3.

In the present case, Application has been received through jail and long incarceration of the Applicant for more than 9 years and 8 months, learned appointed Advocate is directed by the Court to immediately implead prosecutrix / First Informant as Respondent No.2 to the present Application.

4.

The aforesaid amendment is permitted to be carried out forthwith in the presence of the Court. Re-verification stands dispensed with. Amendment is carried out.

906.BA.1328.24.doc 5.

Hence, issue notice to Respondent No.2. Humdast permitted. 6.

Mr. Pethe, learned APP waives service on behalf of Respondent No.1 - State.

7.

Additional copy of the Bail Application shall be filed with the State by the appointed Advocate for Applicant. 8.

In addition thereto, one spare copy of the Application shall be given to the Investigating Officer directly who is directed by this Court to depute a responsible lady officer and take Respondent No.2's consent for legal representation to the Court, the same shall be apprise the Court through the learned APP on the next adjourned date when further order will be passed.

9.

Mr. Pethe, learned APP is requested by this Court to see that the above exercise is completed so that in view of the exigency stated in the Application and long incarceration of the Applicant in jail, Application can be heard on the next adjourned date in accordance with law.

10.

Let the aforesaid exercise be completed within a period of one week from today.

11.

Stand over to 09th April 2025 (First on Board). To be placed on the 'Supplementary Board'.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.04.02 14:33:28 +0530 AJAY TRAMBAK UGALMUGALE