Bombay High Court
Ankush Sandipan Shette vs State Of Maharashtra And Anr on 28 February, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
Diksha Rane 36. ba 2799-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
DIKSHA
DINESH BAIL APPLICATION NO.2799/2022
RANE
Digitally signed by ANKUSH SANDIPAN SHETTE ..APPLICANT
DIKSHA DINESH
RANE VS.
Date: 2023.02.28
19:11:05 +0530 THE STATE OF MAHARASHTRA & ANR. ..RESPONDENTS
WITH
INTERIM APPLICATION NO.3897/2022
IN
BAIL APPLICATION NO.2799/2022
BABASAHEB S. HANVATE ..APPLICANT
VS.
THE STATE OF MAHARASHTRA & ORS. ..RESPONDENTS
------------
Adv. P. R. Dave a/w. Adv. P. P. Kumawat for the applicant.
Mr. S. H. Yadav, APP for State.
Adv. S. P. Kadam a/w. Adv. S. S. Kadam, Adv. P. P. Raul for the
complainant.
Dy.SP G. Patil, Wardha.
PI Sonawande, Charkop Police Station.
------------
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 28, 2023.
P.C. :
1. Heard learned counsel for the applicant and learned APP for the State.
2. The complainant is represented by his counsel who is opposing the bail application.
3. This is an application for bail in respect of First 1/3 Diksha Rane 36. ba 2799-22.doc Information Report (FIR) No.115/2017 registered with the Charkop Police Station, under Sections 420, 376(2), 506(1) and 114 of the Indian Penal Code, 1860 (hereafter "the IPC", for short) read with Sections 4, 21(1) of the Protection of Children from Sexual Offences Act, 2012 (hereafter "POCSO Act", for short) read with 2(2), 3(2) and 3(3) of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
4. The date of the FIR is March 19, 2017. The applicant was arrested on March 22, 2017 and is in custody for more than five years and eleven months. The earlier bail applications filed by the applicant came to be withdrawn, one of which was withdrawn in the year 2021. Undoubtedly, present is a case of long incarceration. However, looking at the allegations, in order to strike a balance between the right to speedy trial of the applicant and the serious nature of the accusations, before considering this application on merits, I propose to direct the trial Court to record the evidence of the child witness in terms of Section 35 of the POCSO Act within a period of thirty (30) days from the date 2/3 Diksha Rane 36. ba 2799-22.doc when this order is produced for its consideration.
5. Learned counsel for the applicant to produce the copy of this order before the trial Court.
6. The complainant to co-operate with the trial Court.
7. Stand over to March 31, 2023.
(M. S. KARNIK, J.) 3/3