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Rahul Vijay Bharti vs The State Of Maharashtra on 19 April, 2023

Bench: A.S. Bopanna, Dipankar Datta

                                                     1


     ITEM NO.16                            COURT NO.12                 SECTION II-A

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS

          Petition(s) for Special Leave to Appeal (Crl.)             No(s).   2127/2023

     (Arising out of impugned final judgment and order dated 23-11-2022
     in CRABA No. 873/2022 passed by the High Court Of Judicature At
     Bombay At Nagpur)

     RAHUL VIJAY BHARTI                                                Petitioner(s)

                                                   VERSUS

     THE STATE OF MAHARASHTRA & ANR.                                   Respondent(s)

     (IA No. 32058/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT AND IA No. 32059/2023 - EXEMPTION FROM FILING O.T.)

     Date : 19-04-2023 These matters were called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE A.S. BOPANNA
                            HON'BLE MR. JUSTICE DIPANKAR DATTA

     For Petitioner(s)                Mr. Sudheer Voditel, Adv.
                                      Mr. Ravindra Bana, AOR
                                      Mr. Rajendra Daga, Adv.

     For Respondent(s)                Mr. Sanjay Kharde, Adv.
                                      Mr. Siddharth Dharmadhikari, Adv.
                                      Mr. Aaditya Aniruddha Pande, AOR
                                      Mr. Bharat Bagla, Adv.
                                      Mr. Sourav Singh, Adv.


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Heard the learned counsel for the petitioner as also the learned counsel for the respondent-State and perused the petition papers.

It is noted that the petitioner has been in custody from Digitally signed by Nisha Khulbey Date: 2023.04.19 29.11.2021. The charge-sheet has already been filed and the Trial 17:30:34 IST Reason:

Court has also framed the charges and the matter is stated to be listed on 24.04.2023 for evidence. In that view of the matter,  2 having taken into consideration all aspects of the matter, we deem it appropriate to provide sometime to examine the material witnesses including the prosecutrix.

Hence, we make it clear that the prosecution shall make all efforts to examine the prosecutrix on 24.04.2023 and any other material witnesses immediately thereafter and that process of examining material witnesses be completed within a period of two months. Further, we make it clear that under any circumstance, the petitioner shall be released on bail after the lapse of two months, on appropriate bail conditions being imposed by the Trial Court. Needless to mention that the petitioner shall diligently participate in the proceedings so that the prosecution shall complete the evidence as indicated above.

In terms thereof, the petition is disposed of along with pending application(s), if any.

     (NISHA KHULBEY)                                          (DIPTI KHURANA)
SENIOR PERSONAL ASSISTANT                                  ASSISTANT REGISTRAR