SANGOLA-PS

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1685 OF 2022 Samadhan Dattu Gore ..Applicant v/s. The State of Maharashtra . ..Respondents Ms. Sheetal Gaikar i/b. Tushar Sonawane for the Applicant. Mr. A.A.Palkar, APP for the State. CORAM : ANUJA PRABHUDESSAI, J. DATED : 26th AUGUST, 2022. P.C. Issue Notice to Respondent No.2. Learned APP to make an endeavor to intimate the next date of hearing to the Respondent No.2, through the officer of the concerned police station. Stand over to 13.09.2022. (ANUJA PRABHUDESSAI, J.)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1685 OF 2022 Samadhan Dattu Gore APPLICANT V/S State Of Maharashtra RESPONDENT Shri. Tushar Sonawane for Applicant. Shri. A. A. Palkar, APP for the State. CORAM : HON'BLE SHRI JUSTICE PRAKASH D. NAIK J DATE : 11th October, 2022 P.C. : Await service. Stand over to 20/10/2022. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1685 OF 2022 Samadhan Dattu Gore ...Applicant Versus The State of Maharashtra and anr. ...Respondents Mr. Tushar Sonawane for the Applicant. Mr. V. B. Konde-Deshmukh, APP for the State. $cdots cdots cdots$ $cdots cdots cdots$ CORAM: N.R. BORKAR, J. DATED : 20 OCTOBER 2022 $P.C. :=$ The Investigating Officer shall intimate about the filing of the present application and the next date of hearing of the application to the respondent No. 2. $2.$ Stand over to 16 November 2022. $(N.R. BORKAR, J.)$

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1685 OF 2022 Samadhan Dattu Gore APPLICANT V/S State Of Maharashtra RESPONDENT Mr. V. B. Konde-Deshmukh, APP for Respondent-State CORAM : HON'BLE SHRI JUSTICE N. R. BORKAR J DATE : 16th November, 2022 P.C. : S. O. to 05/12/2022 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1685 OF 2022 Samadhan Dattu Gore Applicant v/s. The State of Maharashtra ••• Respondent Mr. Tushar Sonawane for the Applicant. Mr. V.B.Konde-Deshmukh, APP for the State. Mr. Ravi Rajulwar, API, Sangola Police Station, Solapur. CORAM : R.N.LADDHA, J. DATE : 5 th December 2022 P.C. : The Investigating Officer is directed to inform the first informant about filing of the present application within a week. Stand over to 15 th December 2022. (R.N. LADDHA, J) Lata Panjwani, P.S.

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1685 OF 2022 Samadhan Dattu Gore Versus The State of Maharashtra Applicant. Respondent Mr. Tushar Sonawane, Advocate for the Applicant. Mr. V.B. Konde-Deshmukh, APP for the State. Mr. Ashish Satpute, Legal Aid Counsel appointed. CORAM : R. N. Laddha, J. DATE: 15 th December 2022 Digitally signed by LATA SUNIL SUNIL PANJWANI PANJWANI Date: 2022.12.16 11:15:15 +0530 P.C.: Learned APP informs this Court that the Applicant is not in a position to engage private Advocate and requests to provide legal aid. Mr.Ashish Satpute, Counsel from the Legal Aid Panel is appointed as Advocate to espouse the cause of the Applicant. Office is directed to serve a copy of the Application to the learned counsel appointed on behalf of the Applicant. Page No. 1 of 2 15 th December 2022 36 ba 1685.22.docx Stand over to 9 th January 2023. (R. N. LADDHA, J.) L.S.Panjwani, P.S. Page No. 2 of 2 15 th December 2022

Order - Status 15: ba 1685.22 speaking.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1685 OF 2022 Samadhan Dattu Gore Versus The State of Maharashtra Applicant. Respondent CORAM : R. N. Laddha, J. (IN CHAMBER) DATE: 5 th January 2023 P.C.: The matter is taken in chamber suo moto. In Paragraphs 1 & 2 of the order dated 15 th December 2022, wherever the words 'Applicant' is there, it be replaced by words 'Respondent No.2'. The order dated 15 th December 2022 stands corrected accordingly. (R. N. LADDHA, J.) L.S.Panjwani, P.S. Page No. 1 of 1 15 th December 2022

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1685 OF 2022 Samadhan Dattu Gore ....APPLICANT V/S State Of Maharashtra ....RESPONDENT Mr. Tushar Sonawane a/w Pooja Satpute for Applicant. Ms. A. A. Takalkar, APP for State. Mr. Amit Icham i/b Ashish Satpute for Complainant. CORAM : HON'BLE SHRI JUSTICE M. S. KARNIK J DATE : 8th February, 2023 P.C. : S. O. to 15/02/2023 ( H. O. B.). ( FOR REGISTRAR JUDICIAL - I )

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1685 OF 2022 Samadhan Dattu Gore ....APPLICANT V/S State Of Maharashtra ....RESPONDENT Mr. Tushar Sonawane a/w Pooja Satpute for Applicant. Ms. A. A. Takalkar, APP for State. Mr. Ashish Satpute for Respondent No. 2 CORAM : HON'BLE SHRI JUSTICE M. S. KARNIK J DATE : 15th February, 2023 P.C. : S. O. to 17/02/2023 ( H. O. B.). ( FOR REGISTRAR JUDICIAL - I )

Order - Status 22: Urmila Ingale 22.ba 1685.22.doc URMILA PRAMOD INGALE Digitally signed by URMILA PRAMOD INGALE Date: 2023.02.17 14:22:07 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1685 OF 2022 Samadhan Dattu Gore ...Applicant VS. The State of Maharashtra ..Respondent Mr. Tushar Sonawane a/w Ms.Pooja Satpute, for the Applicant. Ms. A. A. Takalkar, APP for the State. CORAM : M. S. KARNIK, J. DATE : FEBRUARY 17, 2023 P.C. : The matter to come up in due course. (M. S. KARNIK, J.)

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1685 OF 2022 Samadhan Dattu Gore ..Applicant $v/s$ . The State of Maharashtra. ..Respondent Mr. Tushar Sonawane for the Applicant. Mr. Ashish Satpute for the Respondent No.2 Mrs. A.A.Takalkar, APP for the State. CORAM : ANUJA PRABHUDESSAI, J. DATED : $13 th $ APRIL, 2023. $P.C.$ $1.$ This is an application under Section 439 Cr.P.C. filed by the aforesaid Applicant, who is facing trial in Special Case No.7 of 2021 pending before the learned Addl. Sessions Judge, Pandharpur. The said case arises from Crime No. 10 of 2022, registered with Sangola Police Station for the offences under Section 354, 506 of the Indian Penal Code and Section 4, 8, 12 and 42 of the Prevention of Children from Sexual Offences Act. $2.$ Heard learned Counsel for the Applicant, learned Counsel for the Respondent No.2 and learned APP for the State. I have perused PRASANNA P SALGAONKAR the records and considered the submissions advanced by the learned Digitally signed by PRASANNÄ‚ P SALGAONKAR Date: 2023.04.18 10:37:49 p +0530 Counsels for the respective parties. The aforesaid crime was registered pursuant to the FIR lodged by the mother-in-law of the victim. She has stated that on 04.01.2022 she had gone in search of the victim, who had gone to wash clothes near the rivulet (Odha). She saw the Applicant pulling the victim by her hand and heard the victim crying for help. She has stated that she had also heard the Applicant threatening her not to shout. When she intervened the Applicant left the victim and ran away from the spot. Based on the said report, initially crime was registered under Section 354, 506 of IPC and Section 12 of the POCSO Act. Statement of the victim was recorded. The victim claimed that the Applicant had touched her chest and private parts. On the basis of the allegations made by the victim, Section 4 and 8 also came to be added. It is to be noted that though the Applicant is charged for committing offences under Section 4 of the POCSO Act, the statement of the victim does not prima facie indicate that the Applicant had committed penetrative sexual assault. In such circumstances, in my considered view, prima facie, the offence under Section 4 of not made out. The maximum sentence in respect of other offences is five years. The Applicant was arrested on 04.01.2022 and is presently in Judicial Custody. Considering the large pendency, the trial is not likely to commence in the near future. The application filed by the Applicant has been rejected mainly on the ground of antecedents of the Applicant. Learned Counsel for the Applicant states that the Applicant shall not visit Sangola District, Solapur, till the evidence of the victim is recorded. Considering the above facts and circumstances, in my considered view, this would be a fit case, to exercise discretion under Section 439 of Cr.P.C. in favour of the Applicant. Hence the application is allowed on the following terms and conditions:- (i) The Applicant who is facing trial in Special Case No.7 of 2021 pending before the learned Addl. Sessions Judge, Pandharpur arising out of Crime No. Crime No. 10 of 2022, registered with Sangola Police Station, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twentyfive Thousand Only) with one or two solvent sureties in the like amount; (ii) The Applicant shall not visit Sangola District till the evidence of the victim is recorded. (iii) The Applicant shall report to the nearest police station on the first Monday of every month till the date of framing of charge; (iv) The Applicant shall not interfere with the complainant or the other witnesses, or tamper with the evidence in any manner; (v) The Applicant shall keep the Special Court as well as the Investigating Officer informed of his permanent as well as temporary address, and his contact details, and/or change of residence or mobile details from time to time. (ANUJA PRABHUDESSAI, J.)