Sanjay Ramesh Mishra v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1944 OF 2025 Mr. Sanjay Ramesh Sharma ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

__________ Mr. Vishal Vinayak Rankhambe a/w Ms. Aparna V. Rankhambe, Mr. Chaitanya M. Bagul and Mr. Afsar Ansari, learned Advocates for the Applicant.

Dr. Ashwini A. Takalkar, learned A.P.P. for the State/Respondent. Mr. M. T. Shaikh attached to Wanwadi Police Station, Pune is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

2nd JULY 2025.

P.C. :

1.

Heard Mr. Vishal Rankhambe, learned Advocate for the Applicant and Dr. Ashwini Takalkar, learned A.P.P. for the State/Respondent.

2.

Heard Mr. Vishal Rankhambe, learned Advocate for the Applicant seeks leave to amend the cause-title of Application. Leave granted. Amendment to be carried out forthwith. 3.

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. 393 of 2021 registered with Wanwadi Police Station, Pune for the offences punishable under Sections 376 and

376(3) of the Indian Penal Code Act, 1860 ("IPC" for short) and Sections 4(2), 5(L), 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

4.

Mr. Vishal Rankhambe, learned Advocate for the Applicant states that the present crime is registered as Special Case No. 1002 of 2021, pending before the Court of Additional Sessions Judge, Pune.

5.

Mr. Vishal Rankhambe, learned Advocate points out to the order dated 13th October 2023, wherein this Court while disposing of Criminal Bail Application No. 1165 of 2022, had requested the learned Trial Court to conclude the trial as early as possible, preferably within a period of one year. He further points out to the order dated 11th December 2024, passed by this Court extending the time for disposal of Special Case No. 1002 of 2021. He submits that till date the proceedings before the Additional Sessions Judge, Pune is pending and the prosecutrix is in the witness-box. 6.

In view of the above and on instructions from the Applicant, Mr. Vishal Rankhambe, learned Advocate craves leave to withdraw the present Application with liberty to file a fresh Bail Application before the Court of Additional Sessions Judge, Pune on the ground of change in circumstance and also on the ground of long incarceration. Liberty as prayed for is granted. Mr. Vishal Rankhambe, learned Advocate states that such Application will be filed within a period of 10 days from today. If any such Application is filed by the Applicant, then the same shall be considered on its own merits and in accordance with law.

7.

Considering the observations made by this Court in the order dated 13th October 2023, passed in Criminal Bail Application No. 1165 of 2022, if such Application is filed within a period of 10 days from today, the Additional Sessions Judge, Pune is directed to dispose of the said Application within a period of 4 weeks from first date of hearing of the said Application.

8.

In view of the above, Criminal Bail Application No. 1944 of 2025 is dismissed as withdrawn with liberty as prayed. [ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.07.02 19:57:55 +0530 GITALAXMI KRISHNA KOTAWADEKAR