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Bombay High CourtABA/1296/2023disposed off

Mushtaq Momin v. State Of Maharashtra

2023-05-02Hon'Ble Shri Justice N. R. Borkar2 pages

14-aba-1296-23.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.05.03 19:31:50 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1296 OF 2023 Mushtaq Momin ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Vijay Upadhyay a/w. Mr. Pankaj Pandey for the Applicant. Mr. P.H. Gaikwad Patil, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

02.05.2023.

P.C. :

1.

The present applicant, who is accused in Crime No. 406 of 2023 registered at Kondhwa Police Station, Pune for the ofences punishable under Sections 376(2)(n), 377, 323, 504, 506 read with 34 of the Indian Penal Code has fled the application for anticipatory bail before the Sessions Court and the same is still pending.

2.

The present application is fled as the Sessions Court has not granted any interim protection from arrest.

3.

As the application for anticipatory bail fled by the applicant before the Sessions Court is still pending, I am not inclined to entertain the present application. The Sessions Court shall, however, endeavour to decide the application for anticipatory bail fled by the applicant, as early as possible and in any case within a period of two weeks from the date of receipt of copy of this order. Dinesh S. Sherla 1/2

14-aba-1296-23.doc 4.

The Application is disposed of.

5.

Needless to mention that the Sessions Court shall decide the application on its own merits.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2