In a bail application under POCSO, the High Court of Bombay allowed withdrawal with liberty to refile. It ordered that the child witness evidence be recorded within one month of the order.
Application allowed to be withdrawn with liberty to file a fresh one after 6 months; child evidence to be recorded within 1 month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Darshan Patil
19-ba-1129-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1129 OF 2021
Shivprasad Ramlotawan Yadav ..Applicant VS. The State of Maharashtra and Anr. ..Respondents
Ms. Jyoti R. Sahy i/b Mr. D.C. Patankar for the Applicant.
Ms. P. N. Dabholkar, APP for the State.
Mr. Vaibhav V. Ugle, for the Respondent no. 2
CORAM : M. S. KARNIK, J.
DATE : JANUARY 9, 2023.
P.C. :
1. Considering that the applicant is in custody since 14/01/2020, the trial is expedited.
2. In this view of the matter, the learned counsel for the applicant seeks leave to withdraw the application with liberty to file a fresh application after 6 months if the trial does not proceed substantially.
3. The application is allowed to be withdrawn with liberty as prayed for and disposed of accordingly.
4. Having regard to the provisions of the section 35 of the Protection of Children from Sexual Offences Act, 2012,
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19-ba-1129-21.doc
Darshan Patil
the evidence of the child be recorded by the Special Court within a period of 1 month from the date of production of this order before the Special Court.
(M. S. KARNIK, J.)
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2 issues framed by the court
Whether the bail application be allowed to be withdrawn with liberty to file a fresh one.
Whether a time limit be fixed for recording evidence of the child under POCSO Act.
Shivprasad Ramlotawan Yadav
The State of Maharashtra and Anr.
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
