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Bombay High CourtBA/2547/2024disposed off

Ram Shankarrao Bembare v. State Of Maharashtra And ANR

2025-08-04Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

21-BA-2547-2024 (I).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2547 OF 2024 Ram Shankarrao Bembare ... Applicant Vs.

The State of Maharashtra & Anr.

... Respondents **** Ms. Archana Gaikwad a/w Mr. Jay Kholiya & Harshal Khavale, Advocate for the Applicant.

Ms. Kanchan Pawar (Legal Aid Panel), Appointed Advocate for Respondent No.2.

Mr. P. H. Gaikwad, APP for Respondent/State.

**** CORAM :

ASHWIN D. BHOBE, J.

DATE :

4th AUGUST, 2025.

P.C. :

1.

Heard Ms. Archana Gaikwad, learned Advocate for Applicant. 2.

Notice was issued to Respondent No.2 on 8th January, 2025. Farad Sheet dated 24th April, 2025 records the following "note :- Notice issued to Respondent No.2 is served''. Matter was thereafter listed on 12th June, 2025 and 31st July, 2025. None appeared on behalf of Respondent No.2.

3.

Considering the allegations made in the present crime registered against the Applicant and the offences charged being under POCSO, it would be appropriate to appoint an Advocate from the Legal Aid Panel to represent Respondent No.2, who despite service of notice has not appeared.

Gayatri Shimpi

21-BA-2547-2024 (I).doc 4.

In view of the above, Ms. Kanchan Pawar, learned Advocate on the Legal Aid Panel of this Court, who is present in Court, on the request of the Court, has agreed to appear and represent Respondent No.2 in the present Application. The Legal Aid Cell to take note of the appointment of Ms. Kanchan Pawar as the Advocate for Respondent No.2 under the Legal Aid Scheme.

5.

Mr. P. H. Gaikwad, learned APP for the States, submits that the delay in the trial is attributable to the Applicant. 6.

Ms. Archana Gaikwad, learned Advocate for Applicant, submits that there is urgency in the matter, as the Applicant has been incarcerated for almost 7 years and 4 months since the time of his arrest. She submits that the trial is proceeding at a snail's pace. 7.

Ms. Archana Gaikwad, assures to serve a complete compilation of the present Application on Ms. Kanchan Pawar, learned Advocate for Respondent No.2 within two days from today.

8.

In view of the statement made by Ms. Archana Gaikwad that the Applicant is in jail for almost 7 years and 4 months and the trial is proceeding at a very slow pace, list the matter on 21st August, 2025. (ASHWIN D. BHOBE, J.) Gayatri Shimpi