Gaurav Vijay Shinde And ORS v. The State Of Maharashtra

TAUSEEF LAIQUEE FAROOQUI Tauseef 42-ABA.427.2023.doc TAUSEEF LAIQUEE FAROOQUI Date: 2023.04.29 14:38:34 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.427 OF 2023 Gaurav Vijay Shinde & Ors.

...Applicant

Versus

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO.771 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.427 OF 2023 Ujwala Gaurav Shinde ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

---------- Mr. Arjun Kadam for the Applicant.

Mr. Moiez R. Shaikh i/by Ms. Sonali R. Chavan for Respondent No.2 (First Informant).

Mr. H. J. Dedhia, APP for the Respondent-State. ---------- CORAM :S. M. MODAK, J.

DATE :20th APRIL, 2023 P.C.

1.

Mentioned out of turn.

1/3

Tauseef 42-ABA.427.2023.doc 2.

Heard learned Advocate for the Applicant, learned Advocate for the first informant and learned APP for the Respondent-State.

3.

The Applicants are accused in an offence under C.R. No.15 of 2023, registered with Thane Police Station and filed Writ Petition for quashing of the F.I.R. and the F.I.R. is quashed on the basis of Consent Terms. This submission is made on behalf of the Applicant. So now there is no apprehension for arrest. These Applications have become infructuous and disposed of.

4.

My attention is invited to the direction in paragraph 4 of the order dated 10th February 2023. The Applicant-Gaurav was directed to handover the mobile alleged to contain obscene photographs to investigating officer. He has handed over to the investigating officer and that is sent for forensic analysis. As the F.I.R. is quashed, there is no point in keeping that mobile handset as the piece of evidence. Hence, the Applicant-Gaurav is at liberty to ask for return the mobile handset from the concern Court, once it is returned back after forensic analysis. 2/3

Tauseef 42-ABA.427.2023.doc Let him comply with the directions given by the Division Bench about contents of that mobile handset.

[S. M. MODAK, J.] 3/3