Jivan S/O. Mahadev Khandare vs State Of Mah. Thr. P.S.O., Risod, ...
2022 Latest Caselaw 2434 Bom

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                                                                                  10BA1355.21.odt

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               NAGPUR BENCH : NAGPUR.

                         CRIMINAL APPLICATION (B.A) NO. 1355/2021
                  (Jivan S/o Mahadev Khandare Vs. State of Maharashtra)
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         Office Notes, Office Memoranda of                          Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
                          Mr. N. d. Awchar, Advocate for applicant.
                          Mr. H. D. Dubey, APP for non-applicant No. 1.


                          CORAM :-         AVINASH G. GHAROTE, J.

                          DATED :-        10.03.2022


                                           Heard.

2. It has been noticed by this Court, that in a number of bail applications, in which the provisions of the Protection of Children from Sexual Offences Act are invoked, the victim is not added as a party though it is mandatory for the applicant to do so. Without the victim, the applications are registered and when the matter comes before the Court, liberty is being sought to add the victim, which resulted in avoidable delay in the decision of the matter.

3. The office is directed to ensure that in all bail application in which the provision of the Protection of Children from Sexual Offences Act is applicable, the victim should be added as a party, in the manner indicated, in para 20 of the judgment rendered in Arjun Krishnarao Malge Vs. State 2021 CRLJ 2269 and

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10BA1355.21.odt

circulation was issued in pursuance thereto.

4. The applicant is directed to add the victim as the non-applicant No. 2 forthwith today itself. Upon the same being done, issue notice the added non-applicant No. 2 returnable on 17.03.2022. The learned APP shall ensure that service of notice to the added non-applicant No 2.

5. The copy of the order be circulated to the filing Section.

(AVINASH G. GHAROTE, J)

Digitally signed by JITENDRA JITENDRA BHARAT GOHANE BHARAT Date:

   GOHANE     2022.03.10
              18:54:59
              +0530




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