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2023 Supreme(Online)(Bom) 28424

BOMBAY HIGH COURT
SMT. VIBHA KANKANWADI, ABHAY S. WAGHWASE, JJ
ISHWAR BABURAO KANHERE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Salunke Sudarshan J.
For the Respondents: Ms. V. S. Choudhary, Mr. Patil Kuldeep S.

Table of Content
1. discretionary bail considerations. (Para 2 , 3 , 4 , 5 , 6)

ORDER :-

. Admit.

2. Present appeal has been fled under Section 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “Atrocities Act”) challenging the rejection of the appellant’s bail under Section 439 of the Code of Criminal Procedure by learned Special Judge, under the POCSO Act/ Extra Joint District Judge and Additional Sessions Judge, Latur on 01.10.2022. The FIR vide Crime No.110 of 2021 came to be registered with Chakur Police Station, Dist. Latur at the behest of respondent No.2 for the ofences punishable under Sections 305 , 323, 354-D, 506 of Indian Penal Code and under Sections 3(1)(w)(i), 3(2)(v), 3(1)(r), 3(1)(s) and 3(2)(va) of the Atrocities Act and under Sections 11 (4), 12 of the Protection of Children from Sexual Ofences Act, 2012 (for short "POCSO Act").

3. Heard learned Advocate Mr. S. J. Salunke for the appellant, learned APP Ms. V. S. Choudhary for respondent No.1 - State and learned Advocate Mr. Kuldeep S. Patil for respondent No.2.

4. It has been vehemently submitted on behalf of the appellant that the investigation is

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