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Bombay High CourtIA/94/2021allowed

Sabiharuhi Faisal Shaikh v. The State Of Maharashtra

2021-01-15Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

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13-i.IA-94-21-ABA-ST-4914-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.94 OF 2021 IN ANTICIPATORY BAIL APPLICATION [STAMP] NO.4914 OF 2020 Sabiharuhi Faisal Shaikh .... Applicant In the matter between :

Faisal Nazeeb Shaikh ... Applicant

Versus

State of Maharashtra ... Respondent ----- Mr. Hiral Thakkar, Advocate i/b. Kartik Garg, Advocate for the Applicant/Intervenor-first informant.

Mr. Prabha Badadare, Advocate for the Applicant in ABA/ST/4914/2020.

Smt. J.S. Lohokare, APP for State/Respondent. ----- CORAM :- SARANG V. KOTWAL, J.

DATE :- 15th JANUARY, 2021 P. C. :- 1.

Present Interim Application No.94/2021 was not on board. It was permitted to be produced on board because the main application ABA (St.) No.4914/2020 is at Sr. No.13 on today' s board.

2.

The allegations in the FIR are under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code as well as under

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13-i.IA-94-21-ABA-ST-4914-20.odt Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. As per Section 7(c), the intervenor Applicant is a necessary party.

3.

Therefore, Interim Application No.94/2021 is allowed. The Applicant in ABA (St.) No.4914/2020 is directed to add this Applicant in Anticipatory Bail Application as a party Respondent No.2. Amendment shall be carried out forthwith. Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.) Deshmane (PS)