Atmaram Kisan Batwal v. State Of Maharashtra

912_BA_1523_2024.docx Prasad Rajput 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. 1523 OF 2024 Atmaram Kisan Batwal .. Applicant

Versus

State Of Maharashtra .. Respondent WITH INTERIM APPLICATION NO.3971 OF 2024 IN CRIMINAL BAIL APPLICATION NO. 1523 OF 2024 Atmaram Kisan Batwal .. Applicant

Versus

State Of Maharashtra .. Respondent ....................

 Mr. Yashodeep Deshmukh, appointed Advocate for Applicant (through VC).

 Ms. Shilpa K. Gajre-Dhumal, APP for State.

...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 04, 2025 P. C.

:

1.

Heard Mr. Deshmukh, learned appointed Advocate for Applicant through Legal-aid and Ms. Gajare-Dhumal, APP for State. 2.

This matter was heard yesterday and following order was passed:- "1. Heard Mr. Deshmukh, learned Advocate (appointed) for Applicant and Ms. Gajare-Dhumal, learned APP for Respondent-State.

2.

Learned APP has taken appropriate instructions and has placed before the Court judgment dated 14.02.2025 passed by learned Trial Court convicting the Applicant in Special (POCSO) Case No. 77 of 2014 and sentencing him

912_BA_1523_2024.docx to suffer rigours imprisonment for ten years. Perusal of the said judgment reveals that Applicant has been in detention from 20.06.2014 and he shall be given benefit of set off as per Section 428 of the Cr.P.C. for the period of detention. Considering the date of his detention and the sentence awarded to him, prima facie, it appears that the Applicant may have already been released from prison.

3.

Leaned APP is directed to ascertain the aforesaid facts and inform the Court so that present Bail Application as also Interim Application can be disposed of.

4.

Stand over to 4th April, 2025. To be placed under the caption "for Directions." "

3.

Learned Prosecutor has informed the Court and obtained instructions from the Senior Jail Superintendent, Thane Central Prison, Thane, same is taken on record.

4.

It is seen that Applicant has been released from prison on 15.02.2025 after completing his sentence. In that view of the matter present Application does not survive and has become infructuous. 5.

Bail Application is dismissed.

P.R. Rajput [ MILIND N. JADHAV, J. ]