Nityanand Dhondu Patil vs State Of Maharashtra And Anr
2023 Latest Caselaw 1406 Bom

                            bipin prithiani
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                                                                                        22-ia-2778.22.doc

BIPIN
DHARMENDER
             Digitally signed by
             BIPIN DHARMENDER
             PRITHIANI
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRITHIANI    Date: 2023.02.10
             10:41:36 +0530
                                         CRIMINAL APPELLATE JURISDICTION

                                              INTERIM APPLICATION NO. 2778 OF 2022
                                                             IN
                                                CRIMINAL APPEAL NO. 1127 OF 2022

                            Nityanand Dhondu Patil                            ...      Applicant
                                   Versus
                            State of Maharashtra & Anr.                       ...      Respondents
                                                           ******
                            Mr. Ganesh Bhujbal a/w B. D. Shinde for the Applicant.
                            Mrs. M. M. Deshmukh, APP for the Respondent-State.
                            Pinaz C. Contractor for Respondent No.2.
                                                           ******
                                                           CORAM: NITIN W. SAMBRE AND
                                                                  R. N. LADDHA, JJ.

                                                           DATE    : 9th FEBRUARY, 2023

                            P.C. :-
                            .         Applicant, head Master of a School of victim, suffered a

conviction in Special Case No. 103 of 2020 vide judgment and order dated 19th May, 2022, for an offence punishable under Section 6 of the POCSO Act and Section 377 of the Indian Penal Code and other alleged provisions. The bail is sought by the counsel for petitioner on the ground of false conviction. He would try to establish his case from the testimony of the complainant and the other witnesses.

2. We have perused the evidence of the co-employee of the applicant PW2 examined at Exhibit 28/C, the evidence of complainant PW1 at Exhibit 22 and the evidence of the victims PW3 and PW4. bipin prithiani

22-ia-2778.22.doc

3. On perusal of the aforesaid evidence, we are convinced that there is a strong evidence available on the record which justifies the conviction of the applicant for a serious offence.

4. No case is made for grant of bail and the application, as such, is rejected.

  [R. N. LADDHA, J.]                            [NITIN W. SAMBRE, J.]