Ganesh Alias Balya Shivaji Gadekar v. The State Of Maharashtra And ANR

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NIKITA KAILAS DARADE CRIMINAL APPELLATE JURISDICTION NIKITA KAILAS DARADE Date: 2025.08.12 20:01:32 +0530 BAIL APPLICATION NO.4832 OF 2024 Ganesh Alias Balya Shivaji Gadekar ... Applicant V/s.

The State of Maharashtra and Anr.

... Respondents Mr. Ramchandra Wagh i/b Mr. Narayan Rokade a/w Mr. Udaysinh Deshmukh a/w Tribhuvan Sharma for the Applicant.

Ms. Veera Shinde, APP for the State.

Ms. Farhana Shah for Respondent No.2.

Mr. Jonpalle, PSI, MIDC Bhosari Police Station, Pune.

CORAM

: ASHWIN D. BHOBE, J.

DATED : 12th AUGUST, 2025 P.C.:

1.

Heard Mr. Ramchandra Wagh, learned Advocate for the Applicant Ms. Veera Shinde, learned APP for the State and Ms. Farhana Shah, learned Advocate for the Respondent No.2. 2.

By the present application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, Applicant is seeking bail in connection with C. R. No.40 of 2017 registered with MIDC Bhosari Police Station, Pune for the offences punishable under Sections 363, 366A, 376 of the Indian Penal Code read with Section 3, 4 and 5 of the Protection of Children from Sexual Offences Act,

2012. Said crime is registered as Special Sessions Case No.413 of 2018 and is pending before the Additional Sessions Judge, Pune. Applicant is sole Accused in C. R. No.40 of 2017. 3.

Applicant was arrested on 02.07.2018, since then, he is in jail. Bail Application at Exhibit-5 in Special Sessions Case No.413 of 2018 filed by the Applicant was rejected by the Additional Sessions Judge, Pune on 02.05.2019.

4.

Ms. Veera Shinde, learned APP for the State on instructions from the Investigation Officer MIDC Bhosari Police Station, states that the Special Sessions Case No.413 of 2018 is at the stage of recording of statement of the Accused under Section 351 of the BNSS (Section 313 of the Cr.P.C.). She submits that matter is fixed on 13.08.2015 for the said purpose. On the basis of the said statement, Ms. Veera Shinde, submits that trial in Special Sessions Case No.413 of 2018 can be disposed off within a period of 3 months from 13.08.2025. Ms. Farhana Shah, learned Advocate for the Respondent No.2 by endorsing the stand taken by Ms. Veera Shinde, further submits that even otherwise, the Special Sessions Case No.413 of 2018 being of the year 2018, is a expedited matter.

5.

In view of the facts and circumstances of the present case, Trial of Special Sessions Case No.413 of 2018 having reached at the fag end, it would be appropriate to request the learned Additional Sessions Judge, Pune to make an endeavor to dispose off the Special Sessions Case No.413 of 2018 at the earliest and at any rate within a period of three months from 13.08.2015.

6.

Mr. Ramchandra Wagh, learned Advocate for the Applicant, Ms. Veera Shinde learned APP for the State and Ms. Farhana Shah, learned Advocate for the Respondent No.2 submit that they would cooperate in early disposal of the trial in Special Sessions Case No.413 of 2018 and shall not take any unnecessary adjournments in the matter.

7.

Mr. Ramchandra Wagh, Ms. Veera Shinde and Ms. Farhana Shah jointly submit that this order will be placed on record of Special Sessions Case No.413 of 2018 on the next date of hearing. 8.

With the above observations, Criminal Bail Application No.4832 of 2024 is disposed off.

(ASHWIN D. BHOBE. J.)