Disposed

Manish Mohan Kurup v. the State of Maharashtra

Bombay HC4 Oct 2022BA/242/2021

Case brief

AI extract

What is this about?

Upon learning of the applicant's arrest in a POCSO case, the court noted the applicant's youth. Though initially disinclined to entertain the application due to corroboration of the victim's statement, the court permitted withdrawal and directed the Special Court to frame charges by 31.12.2022 and conclude trial by 31.12.2023.

What did the court decide?

Permission granted to withdraw the application; Application disposed off. Non-binding direction for charge framing and trial conclusion.

Manish Mohan Kurup Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2022)

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1/2 19 BA-242-21.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.242 OF 2021

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Manish Mohan Kurup .. Applicant

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Versus

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The State of Maharashtra .. Respondent

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Mr.Yogen Kakade with Mr.Bhavesh Kadam and Ms.Bhagyashree Ghute for the Applicant.

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Ms.Veera Shinde, A.P.P. for the State/Respondent.

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Mr.Manas N. Gawankar for the Intervenor.

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CORAM: BHARATI DANGRE, J. DATED : 04^th OCTOBER, 2022

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P.C:-

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On expressing my disinclination to entertain the present application, on perusal of the material compiled in the chargesheet, including the statement of the victim girl recorded under Section 164 of Cr.P.C., where she corroborates the version of the complainant, learned counsel seeks permission to withdraw the application.

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Permission granted. The application stands disposed off, as withdrawn.

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M.M.Salgaonkar

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2/2 19 BA-242-21.doc

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Learned counsel for the applicant is, however, perfectly justified in submitting that the applicant came to be arrested in the subject C.R. on 15/11/2019 and though he is accused of offence under POCSO Act, he is a young boy, aged 19 years, and has his entire future before him. His only request is, when till date charge is not yet framed, let the trial be directed to be expeditiously concluded.

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I am in agreement with the anxiety expressed by the learned counsel for the applicant and deem it appropriate to request the Special Court, which is at present seized of Special Case (POCSO) No.32 of 2020, to frame the charge within a period of three months from today i.e. on or before 31/12/2022 and conclude the trial on or before 31/12/2023.

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In case, there is no compliance of the above direction, the applicant is at liberty to renew his request for release on bail.

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I would like to put my words of appreciation to the learned counsel Mr.Manas Gawankar, who has been appointed through Legal Aid. The Legal Services Authority shall ensure that his remuneration shall be paid within a period of six weeks from today.

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( SMT. BHARATI DANGRE, J.)

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M.M.Salgaonkar

Manish Mohan Kurup v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Manish Mohan Kurup v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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