Xyz vs The State Of Maharashtra And ...
2022 Latest Caselaw 12626 Bom

                                                                   40-acb-194-2022.odt
                                       (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

      APPLICATION FOR CANCELLATION OF BAIL NO.194 OF 2022

                                     XYZ
                                   VERSUS
                THE STATE OF MAHARASHTRA AND ANOTHER
                                      ...
                  Advocate for Applicant : Mr. Karpe Rahul R.
                 APP for Respondent/State : Mr. V.S. Choudhari
                                      ...
                                       CORAM : S.G. MEHARE, J.

DATED : 05th DECEMBER, 2022

PER COURT:-

1. Learned counsel for the applicant has relied upon the

case of Gorakshnath @ Samadhan Navnath Pagar Vs. The State of

Maharashtra in Criminal Appeal No.362 of 2021 decided by this Court

on November 24, 2021 and argue that since the POCSO Act is a

special enactment that will prevail over the provisions of SCST Act,

therefore, the present application would lie before this Court.

2. Perused the order relied upon by the applicant. It has

been held in the said judgment, where the provisions of POCSO Act

and SCST Act have been applied, the POCSO Act will prevail over.

The prosecution has no case law against this view. The said judgment

is binding on this Court; hence, the application would be heard by

this Court.

3. Heard the learned counsel for the applicant.

40-acb-194-2022.odt

4. Considering the checkered history of the litigation and

involvement of the legal aspects, issue notice to the respondents,

returnable on 20.12.2022.

5. Learned APP waives service of notice for the State.

(S.G. MEHARE, J.)

Mujaheed//