Gautam Vaman Wagh v. The State Of Maharashtra

2-BA2393-2024.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2393 OF 2024 Gautam Vaman Wagh ...Applicant

Versus

The State of Maharashtra and anr.

...Respondents

Ms. Suvarna Avhad-Vast, a/w Rahul Dingankar, for the Applicant.

Mr. Yogesh Dabke, APP for the State - Respondent No.1. Mr. Manali Sohoni, a/w Pradhuman Chauhan, for Respondent No.2.

PI Sawant a/w PSI Ravindra Chavan, Kandivali Police Station, present.

CORAM:

N. J. JAMADAR, J.

DATED :

11th MARCH, 2025 PC:- 1.

Heard the learned Counsel for the parties.

2.

By an order dated 13th January, 2025, this Court had requested the Superintendent, Sir JJ Group of Hospitals to constitute a team of Medical Officers to examine the victim and SANTOSH SUBHASH KULKARNI submit a report to the Court.

by SANTOSH SUBHASH KULKARNI Date: 2025.03.15 14:15:55 +0530 3.

The team of Medical Officers has submitted a report. It is reported that the victim was conscious, communicative, oriented to time, place and person and the impression was Borderline Intellectual Functioning. The Court has also 1/2

2-BA2393-2024.DOC perused the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973 ("the Code"). 4.

In view of the aforesaid report and the statement of the victim recorded under Section 164 of the Code, the learned Counsel for the applicant seeks leave to withdraw the application. The learned Counsel, however, submits that having regard to the peculiar facts of the case and the subsequent developments wherein the applicant and the mother of the victim have filed petition for quashing of the prosecution, the trial be expedited.

5.

The Court is informed that the charge has been framed. In these circumstances, it may be expedient to request the learned Special Judge seized with Special Case No.537 of 2022 to make an endeavour to conclude the trial in Special Case No.537 of 2022 as expeditiously as possible and, preferably, within a period of eight months from the date of communication of the order.

6.

Application disposed.

[N. J. JAMADAR, J.] 2/2