Santosh Shridhar Palve vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Santosh Shridhar Palve vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Leave granted to withdraw Criminal Bail Application No.3504 of 2025 with liberty to file afresh; prosecution to examine Respondent No.2 as first witness in Special Case No.520 of 2024 and expedite the examination; any fresh bail application filed after completion of that examination to be considered by the Trial Court on its own merits and in accordance with law.

Issue for consideration

Whether the Applicant is entitled to regular bail in Crime No.77 of 2024 (Paud police station), pending as Special Case No.520 of 2024 before the Additional Session Judge, Pune. +1 more

Ratio / Principle

Any fresh bail application filed by the Applicant before the Trial Court upon completion of the examination/recording of oral testimony of Respondent No.2 in Special Case No.520 of 2024 shall be considered on its own merits and in accordance with law.

Key takeaways

The Court recorded the prosecution's statement that Respondent No.2 shall be examined as the first witness in Special Case No.520 of 2024, with an endeavour to expedite the examination, and directed the prosecution to take note of that statement.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court (Ashwin D. Bhobe, J.), Criminal Bail Application No.3504 of 2025, decided 12 December 2025. The Applicant, Santosh Shridhar Palve, stated to be in jail since 23 February 2025, had sought regular bail in Crime No.77 of 2024 of Paud police station for offences under Sections 376, 376(2)(n)(f), 354, 354(A), 354(D) and 506 IPC and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, the crime being pending as Special Case No.520 of 2024 before the Additional Session Judge, Pune. Counsel for the Applicant sought leave to withdraw the bail application with liberty to file afresh upon examination of Respondent No.2, and requested that the prosecution expedite Respondent No.2's examination as first witness. The learned APP and counsel for Respondent No.2 raised no objection. The Court permitted the withdrawal, recorded the prosecution's statement that Respondent No.2 would be examined as the first witness with an endeavour to expedite, and directed that any fresh bail application filed after completion of the examination/oral testimony of Respondent No.2 be considered on its own merits and in accordance with law. The application was disposed of in these terms.

901(3)-3504-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.3504 OF 2025

Santosh Shridhar Palve ... Applicant Vs. State Of Maharashtra And Anr. ... Respondents ****

Mr. Nitin Gaware Patil a/w Mr. Shantanu Kolhe, for the Applicant. Ms. Shilpa Talhar, APP for Respondent/State. Ms. Shraddha Pawar, Advocate for Respondent No.2. Appointed through Legal Aid.

S.M. Nalawade, PSI, Paud Police Station, present.

CORAM : ASHWIN D. BHOBE, J. DATE : 12^th DECEMBER, 2025.

P.C. :

By the present application the Applicant is seeking regular bail in Crime No.77 of 2024 registered with Paud police station, for the offences punishable under Sections 376, 376(2)(n)(f), 354, 354(A), 354(D) 506 of Indian Penal Code and Sections 4, 6, 8, 12 of Protection of Children from Sextual Offences, Act, 2012. Said crime No.77 of 2024 is registered as Special Case No.520 of 2024 and is pending on the file of the Additional Session Judge, Pune.

Mr. Nitin Garware Patil, learned Advocate for the Applicant, on instructions from the Applicant seeks leave to withdraw the present bail application with liberty to file afresh bail application upon

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901(3)-3504-2025.odt

examination of the Respondent No.2 in Special Case No.520 of 2024. He submits that the Applicant is in Jail from 23^rd February, 2025, as such he makes a request to direct the prosecution to expedite examination of the Respondent No.2 as a first witness.

Ms. Shilpa Talhar, learned APP and Ms. Shraddha Pawar, learned Advocate for the Respondent No.2 do not object to the request made by the Mr. Nitin Garware Patil, Advocate for the Applicant.

Ms. Shilpa Talhar, learned APP for the State, on instructions that the Investigating Officer states that prosecution shall examine the Respondent No.2 as the first witness in Special Case No.520 of 2024. She further submits that the prosecution would make an endevour to expedite the examination of Respondent No.2. Prosecution to take note of the statement made by Ms. Shilpa Talhar.

In the event any fresh bail application is filed by the Applicant before the Trial Court, upon completion of the examination / recording of oral testimony of the Respondent No.2 in Special Case No.520 of 2024, the said bail application be considered on its own merits and in accordance with law.

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901(3)-3504-2025.odt

The Criminal Bail Application No.3504 of 2025 is disposed of

in the above terms.

(ASHWIN D. BHOBE, J.)

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