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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J. JAMDAR
Nilesh Suryakant Netake – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Mr. Purankar, learned Counsel appearing for the Applicant, Mr. Haldankar, learned APP appearing for the Respondent No.1-State and Ms. Mansukhani, learned Counsel appointed to represent the Respondent No.2.
2. This regular Bail Application is preferred under Section 4 39 of the Code of Criminal Procedure, 1973 (“CrPC”) seeking that Applicant be enlarged on bail in connection with C.R. No.275 of 2021 dated 22nd December 2021 registered with the Haveli Police Station, Pune. The said FIR has been lodged alleging commission of the offence punishable under Sections 3 77 and 506(II) read with 34 of the INDIAN PENAL CODE , 1860 (“IPC”) and under Sections 3 , 4, 5(g), 6, 7, 8, 9(g), 10, 11(ii), 12, 13, 14, 15 and 16 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”) and Section 6 7-B of the Information Technology Act, 2000.
3. It is the main contention of Mr. Purankar, learned Counsel appearing for the Applicant that the Applicant was merely present when the incident took place and he has not played any role in the incident in question. He further submits that the Applicant has been arrested on 22nd December 2021 and till date the
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The right to a speedy trial under Article 21 mandates release under Section 436-A of the CrPC after serving half of the maximum imprisonment period, regardless of the nature of the offence.
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The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond one-half of the maximum imprisonment period without trial, leading to bail being....
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