Bombay High Court
Laxman Shankar Pawar vs State Of Maharashtra on 15 February, 2024
Author: M. S. Karnik
Bench: M. S. Karnik
2024:BHC-AS:7572
Diksha Rane 4.ba.3670-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3670 OF 2023
LAXMAN SHANKAR PAWAR ..APPLICANT
VS.
THE STATE OF MAHARASHTRA & ANR. ..RESPONDENTS
------------
Adv. M. M. Funde for the applicant.
Mr. C. D. Mali, APP for the State.
Adv. Suraj V. Gadkari for the respondent no.2.
------------
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 15, 2024.
P.C. :
1. Heard learned counsel for the applicant, learned APP
for the State and learned counsel for the respondent no.2.
2. This is the second bail application in respect of the
offence punishable under Sections 376(2) (f)(n), 114 read
with 34 of the Indian Penal Code (hereafter 'IPC' for short)
read with Sections 4, 6, 8, 12, 14, 15, 16 of the the
Protection of Children from Sexual Offences Act, 2012
(hereafter 'the POCSO Act' for short) read with Sections 3(ii)
(iii) of the Maharashtra Prevention and Eradication of Human
Sacrifice, other Inhuman and Aghori Practices and Black
Magic Act, 2013 read with Sections 67(a), 67 (b) of the
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Diksha Rane 4.ba.3670-23.doc
Information Technology Act registered on 15/3/2023 vide
C.R. No.184/2023 with Ambarnath Police Station, District -
Thane.
3. By an order dated 20/10/2023, first bail application
was allowed to be withdrawn with liberty to apply for bail
after the evidence of the child witness is recorded. The
evidence of the child witness was recorded. The
complainant (child witness) has turned hostile.
4. Learned counsel for the respondent no.2 submitted
that the complainant has no objection if the applicant is
enlarged on bail. The complainant-victim is present in the
Court. She is identified by her advocate. The victim is now
major. She states that there is no force or any pressure
exerted on her for making such statement which is
voluntary about her no objection if the applicant is enlarged
on bail.
5. Considering that the evidence of all the material
witnesses has been recorded, though the application is
opposed by learned APP contending that the only the
evidence of the investigating officer and the statement of
the accused under Section 313 of the Code of Criminal
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Diksha Rane 4.ba.3670-23.doc
Procedure is to be recorded, I am of the opinion that in the
facts and circumstances of the present case, the applicant
need not be detained in the custody any further.
6. The applicant was arrested on 15/3/2023 and now is in
custody for almost twelve months. There are no criminal
antecedents reported against the applicant. The applicant
does not appear to be a flight risk. Hence, the following
order :-
ORDER
(a) The application is allowed.
(b) The applicant- Laxman Shankar Pawar in connection with C.R. No.184/2023 registered with Ambarnath Police Station, District - Thane, shall be released on bail on his furnishing P.R. Bond of Rs.15,000/- with one or more sureties in the like amount.
(c) The applicant is permitted to furnish cash bail surety in the sum of Rs.15,000/- for a period of 6 weeks in lieu of surety.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
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(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(f) The applicant shall attend the trial regularly.
7. The application is disposed of.
(M. S. KARNIK, J.) 4/4 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 15/02/2024 18:31:23