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Bombay High CourtABA/104/2026disposed off

Bhagwan Laxman Bankari v. The State Of Maharashtra And ANR

2025-12-02Hon'Ble Shri Justice N. R. Borkar2 pages

S.S.Kilaje 37-APEAL-775-2025 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 775 OF 2025 Bhagwan Laxman Bankari ... Applicant/s Appellant/s versus The State of Maharashtra & Anr.

.... Respondent/s Mr. B. H. Goswami, Advocate for the Appellant. Mr. Ashok S. Gawai, APP for the State.

Ms. Chandni Chawla, Advocate for Respondent No.2. by SONALI SATISH KILAJE Date:

2025.12.03 10:41:44 +0700 SONALI SATISH KILAJE CORAM : R. M. JOSHI, J.

DATE : 2nd DECEMBER, 2025.

P.C. :

1.

In the instant case, admittedly the provisions of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") as well as Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, "SC & ST Act") are invoked. In view of the Judgment of full Bench in the case of Aniket Vs. State of Maharashtra, through Ahmednagar Police Station and Anr.1, the appeal is under Section 14A of the SC & ST Act would not be maintainable and provisions of POCSO Act would prevail.

2.

At this stage, learned counsel for the appellant seeks leave to 2023 SCC OnLine Bom 2713 1/2

S.S.Kilaje 37-APEAL-775-2025 (CR).doc convert the appeal into the application for bail. 3.

Leave granted.

4.

Interim relief to continue for a period of four weeks from today. It is clarified that there shall be no further extension. (R. M. JOSHI, J.) 2/2