Akram Mohd. Aslam Shaikh v. The State Of Maharashtra And ANR

2024:BHC-AS:1 PMB 12.wp.907-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.907 OF 2020 AKRAM MOHD. ASLAM SHAIKH ..PETITIONER VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Shivprasad C. Kanojia for the petitioner. Mr. S. H. Yadav, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : JANUARY 2, 2024 P.C. :

1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Learned counsel for the petitioner submitted that the proper procedure while getting the bond executed from the petitioner under Section 116(3) of the Code of Criminal Procedure has not been followed by the Executive Magistrate. It is submitted that the bond was forcibly executed from him without giving him sufficient opportunity to respond. It is further submitted that the bond was executed on the same date as the date fixed for the appearance of the petitioner.

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PMB 12.wp.907-2020.doc 3.

Learned counsel for the petitioner invited my attention to the order passed by the Revisional Court refusing to entertain the Revision.

4.

I find that the bond was signed by the petitioner on 07.03.2018. According to learned counsel for the petitioner the bond executed was for a period of six months. The period has expired. The issue raised by learned counsel for the petitioner therefore is rendered academic. The issue raised is kept open for a decision in appropriate proceedings at a later stage if necessary.

5.

The writ petition is disposed of.

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