Nilofer Sharfuddin Mukri v. The State Of Maharashtra

Osk 902-ABA-840-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 840 OF 2019 Nilofer Sharfuddin Mukri ... Applicant V/s.

The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION (APPP) NO. 866 OF 2019 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 840 OF 2019 Yusuf Mastan Shareef ... Intervenor In the matter between :- Nilofer Sharfuddin Mukri ... Applicant V/s.

The State of Maharashtra ... Respondent Mr.Y.E. Mooman i/b. Mr.Abdul Jabbar S. Momin for Applicant. Mrs.M.H. Mhatre, A.P.P. for Respondent-State. CORAM : A.S. GADKARI, J.

DATE : 27th July 2021.

(Through Video Conferencing) P.C. :

1.

Heard Mr.Y.E. Mooman for the Applicant and Mrs.Mhatre, learned A.P.P. for the Respondent-State.

2.

By a reasoned Order dated 5th April 2019, the Applicant was granted interim relief.

Mr.Mooman, learned counsel appearing for the Applicant on 1/2

Osk 902-ABA-840-2019.odt instructions submitted that, the first informant was husband of the Applicant. That during the pendency of the present application, the parties herein i.e. the first informant-husband and the applicant, who is his erstwhile wife, have settled the matter amicably and a Criminal Application (APL) No. 217 of 2021 for quashing of present crime i.e. CR No.I-103 of 2019 registered with Mumbra Police Station, District Thane, has been filed before the Division Bench of this Court for quashing of the said crime by consent. He further submitted that, the said Petition is pending for final disposal. Mr.Mooman further submitted that, in pursuance of Order dated 5th April 2019, the Applicant has attended the Investigating Officer on stipulated dates. 3.

In view of the above and the fact that, the contesting parties herein have settled the matter amicably, the interim relief granted by Order dated 5th April 2019 can be confirmed.

Interim relief, granted by Order dated 5th April 2019, is hereby confirmed. However, the condition to attend Investigating Officer is waived. 4.

Anticipatory Bail Application is allowed in the aforesaid terms. 5.

In view of disposal of Anticipatory Bail Application, Criminal Application (APPP) No. 866 of 2019 for intervention does not survive and is accordingly disposed off.

[A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date: 2021.07.27 17:25:54 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2