Hukumchand Mohan Gahane v. State Of Maha Thr Pso, Ps Gobarwahi And ANR

904.apl.149.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.149 OF 2025 Hukumchand Mohan Gahane .Vs. State of Mah., through P.S.O., P.S. Gobarwahi, Tq. Tumsar, Dist. Bhandara and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Anil S. Mardikar, Senior Advocate a/b Shri V.R. Deshpande, Adv. for applicant. Ms Prachi Joshi, A.P.P. for non-applicants/State. CORAM : ANIL S. KILOR, J.

DATED : 13/02/2025 1.

Shri Mardikar, learned Senior Advocate points out that certain sections, namely, Section 65(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 came to be added, despite the fact that while granting the bail, the Court has observed that there is no material to show the commission of sexual assault.

2.

Issue notice to the non-applicants, returnable on 06.03.2025.

3.

The learned A.P.P. waives service of notice for the non-applicant Nos.1 and 2/State.

4.

In the meantime, there shall be interim stay in terms of prayer clause (3).

JUDGE C.L.Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 14/02/2025 15:11:00