Lingappa Mallaya Pujari v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1433 OF 2025 Lingappa Mallaya Pujari ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

__________ Mr. Manan Kaushik Shah, learned Advocate for the Applicant. Mr. Pandurang H. Gaikwad, learned A.P.P. for the State/Respondent. PSI Mr. Suresh Gagare attached to Khopoli Police Station, DistrictRaigad is present in the Court. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

4th AUGUST 2025.

P.C. :

1.

Heard Mr. Manan Shah, learned Advocate for the Applicant and Mr. Pandurang Gaikwad, learned A.P.P. for the State/Respondent.

2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 78 of 2021 registered with Khopoli Police Station, District-Raigad for the offences punishable under Sections 363, 354(b), 376(2)(j)(l) and 376(3) of the Indian Penal Code, 1860, Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(i)(ii) and 3(2)(v)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

Mr. Manan Shah, learned Advocate for the Applicant submits that the abovesaid crime is registered as Special Case (POCSO) No. 67 of 2021 and is pending before the Court of Additional Sessions Judge, Panvel-Raigad.

4.

This matter was listed on 1st August 2025. On the said day, Mr. Manan Shah, learned Advocate for the Applicant, at the outset submitted that victim in the present crime has settled in life and is married. He submits that if notice of this Application is issued to the victim, there is a possibility of the family life of the victim being disturbed. He therefore, on specific instructions from the Applicant, submits that if direction is issued to the Additional Sessions Judge, Panvel-Raigad to expedite the trial of Special Case (POCSO) No. 67 of 2021 and to conclude the same within a specified time, the Applicant shall not press the present Bail Application and would withdraw the same.

5.

Mr. Pandurang Gaikwad, learned A.P.P. for the State/Respondent sought time to take instructions. 6.

Records indicate that the victim in the present crime, is a person with partial disabilities.

7.

Mr. Pandurang Gaikwad, learned A.P.P. on instructions from the Investigating Officer, Khopoli Police Station, District-Raigad states that there are 17 witnesses listed by the prosecution in the present crime. He submits that charge in the present crime was framed on 2nd August 2025 and the next date fixed in the matter is 12th August 2025. He has tendered a letter dated 4th August 2025 received from the Police Inspector addressed to the office of Public

Prosecutor, in which the Investigating Officer has agreed to examine prosecution witnesses at the earliest possible, same is taken on record and marked as "X" for identification. Mr. Pandurang Gaikwad, learned A.P.P. again on instructions from the Investigating Officer submits that the prosecution would complete the examination of prosecution witnesses within a period of 3 months from 12th August 2025.

8.

Mr. Manan Shah, learned Advocate for the Applicant submits that the Applicant/Accused, who is in jail, will co-operate in expeditious disposal of the trial and the Applicant would not take unnecessary adjournment in the matter.

9.

Considering the peculiar facts and circumstances of the present case and by recording the submission of prosecution that they would complete the prosecution evidence within a period of 3 months from 12th August 2025, the Additional Sessions Judge, Panvel-Raigad is requested to make an endevour to expedite the proceedings of Special Case (POCSO) No. 67 of 2021 and at any rate to dispose of the same within a period of 5 months from 12th August 2025.

10.

Learned Advocates for the parties reiterate that the prosecution as well as the Applicant would co-operate in the speedy and expeditious disposal of Special Case (POCSO) No. 67 of 2021.

11.

In view of the statements made by the learned A.P.P. on instructions from the Investigating Officer, Mr. Manan Shah, on instructions from the Applicant craves leave to withdraw the

present Bail Application.

12.

Criminal Bail Application No. 1433 of 2025 stands disposed of in the abovesaid terms.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.08.05 14:49:37 +0530 GITALAXMI KRISHNA KOTAWADEKAR