Anil Baburao Kapse v. The State Of Maharashtra And ANR

2-ia-2526-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2526 OF 2024 IN CRIMINAL APPEAL NO. 668 OF 2024 Anil Baburao Kapse ..Applicant.

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Narayan Gopinath Rokade a/w. Udaysinh Deshmukh, Ajinkya Taskar and Abhang Suryavansi for Applicant.

Mr. Vithal B. Konde-Deshmukh for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 9 JULY 2024 PC :

1.

The Applicant was convicted by the learned Special Judge, Niphad, on 06.06.2024, in Sessions Case No.122 of 2019, under section 354-A of the I.P.C. and U/s.8 of the Protection of Children from Sexual Offences Act (for short 'POCSO Act'). The major sentence imposed on him was R.I. for three years, besides imposition of fine.

2.

Learned counsel for the applicant states that, on the date of conviction order, the applicant was granted bail for a temporary Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.07.10 13:04:48 +0530 VINOD BHASKAR GOKHALE

2-ia-2526-24 period U/s.389 of the Cr.p.c. by the Trial Court. 3.

Since it is a case under the POCSO Act, it is necessary to issue notice to the Respondent No.2-victim.

4.

Hence, the following order:

O R D E R

i) Issue Notice to the Respondent No.2, returnable on 30.07.2024.

ii) The I.O. shall inform the Respondent No.2 about the next date of listing.

iii) Till 30.07.2024, the order passed by the Trial Court U/s.389 of the Cr.p.c. granting temporary bail to the applicant shall continue.

iv) Stand over to 30.07.2024.

(SARANG V. KOTWAL, J.)