Shabbir Masjid Momin And ANR v. The State Of Maharashtra

by HEMANT CHANDERSEN SHIV Date:

2023.04.26 10:00:53 +0530 HEMANT CHANDERSEN SHIV 37.aba295.23.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.295 OF 2023 Shabbir Masjid Momin & Anr.

...Applicants vs.

The State of Maharashtra & Anr.

...Respondents

Mr. Shashank Shubham i/b Mr. Sameer S. Kadam for the Applicants. Mr. H. J. Dedhia APP for the Respondent-State. Mr. Nikhilesh Pote, Advocate appointed for Respondent No.2. CORAM :S. M. MODAK, J.

DATED :20TH APRIL 2023 P. C. :

1.

Heard learned Advocate for the Applicants and learned Advocate for the first informant and learned APP for the RespondentState. 2.

As per order dated 31st January 2023, this Court has granted interim protection to the Applicants. The allegations are that these two Applicants are close relatives of main accused Chahat Jahangir Momin and the main accused Chahat Momin has tried to establish contact with the victim. The allegation is that these Applicants assisted the said Chahat Momin in his ill design. The offence bearing No.476 of 2022 is registered at Koregaon police station under 1/2

37.aba295.23.doc sections 354, 354A, 354D, 506 read with 34 of IPC and under sections 7, 8, 11 and 12 of POCSO Act.

3.

Even though Respondent No.2 is served, she has not appeared. Now it is submitted that the charge-sheet is filed. It indicates that custodial interrogation of the Applicants is not required. Hence the order :

O R D E R

(a) Interim protection granted on 31st January 2023, is confirmed. (b) The Applicants shall not threaten the prosecution witnesses or allure them in any manner.

(c) Needless to say, violating of the condition above will make the Applicant liable for cancellation of anticipatory bail, after notice to the Applicant.

4.

Application is disposed of accordingly.

5.

These are my prima facie observations and the trial Court may not be influenced by that.

6.

All the parties to act on an authenticated copy of this order. [S. M. MODAK, J.] 2/2