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Bombay High CourtBA/5209/2024allowed

Vijay Sarvanan Nair v. State Of Maharashtra

2025-04-23Hon'Ble Shri Justice Amit Borkar3 pages

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.5209 OF 2024 Vijay Sarvanan Nair .. Applicant

Versus

The State of Maharashtra and Anr.

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

 Mr. Ramesh Yadav a/w. Baby Singh, Advocates for Applicant.  Ms. Mahalakshmi Ganapathy, APP for Respondent No.1. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 23, 2025 P.C.

:

1.

Mentioned out of turn at the time of rising of the Court. 2.

Heard Mr. Yadav, learned Advocate for Applicant and Ms. Ganapathy, learned APP for Respondent No.1.

3.

Ms. Ganapathy, learned APP would inform the Court that order dated 11.02.2025 stands complied with.

4.

However Respondent No.2 who is present in Court has through learned APP conveyed to the Court that she is not inclined to contest present Application neither she wants legal aid to represent and espouse her cause.

5.

Report dated 11.04.2025 to that effect is placed on record. The same is taken on record.

6.

However in view of compliance of provisions of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') and indictment and arrest of Applicant under provisions of Indian Penal Code, 1860 (for short 'IPC') and the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), this Court is directing that Ms. Gayatri Pinkyar, Advocate (Mobile No.7715996359) practicing in this Court be appointed as Advocate to represent and espouse the case of Respondent No.2.

7.

The High Court Legal Services Committee of this Court is directed to give appointment letter and papers of the matter to the appointed Advocate forthwith in accordance with law through the legal aid.

8.

Advocate for Applicant shall serve a copy of Application on the appointed Advocate forthwith. Appropriate instructions can be given by Respondent No.2 to the appointed Advocate so that the same can be placed before this Court on the next adjourned date. 9.

Learned APP shall inform the Investigating Officer to furnish the details of First Informant to the appointed Advocate and through the Investigating Officer also give the details of the appointed Advocate to Respondent No.2 / guardian of Respondent No.2.

10.

Stand over to 30th April, 2025. To be placed under the caption 'For Directions'.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.04.24 10:36:41 +0530 HARSHADA HANUMANT SAWANT