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Bombay High CourtAPPP/731/2019disposed off

Muzahid Munir Shah v. The State Of Maharashtra

2023-09-01Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 731 OF 2019 IN CRIMINAL APPLICATION NO. 1354 OF 2018 Muzahid Munir Shah ...Applicant

Versus

The State Of Maharashtra

...Respondent

----- None for the Applicant.

Mr. Y. Y. Dabke, APP, for the Respondent-State. Mr. A. S. Jadhav - PSI Ghatkopar Police Station, Mumbai present. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2023.09.04 17:57:21 +0530 SHANTANU SHANKARSA DHUDUM DATE : 1st SEPTEMBER 2023.

P.C. :

1.

This application is filed by the applicant from Jail. 2.

In this application, it is mentioned that this Court has enlarged him on bail in C.R. No. I-440 of 2016 with Ghatkopar Police Station, Mumbai on 23rd July, 2018 with P.R. Bond of Rs.25,000/- with one or two sureties. He is unable to furnish sureties. Hence, the applicant request's to release him on cash bail. 3.

Learned counsel for the applicant submitted that bail order 1/3

is passed in favour of the applicant. After passing this order, applicant is behind bar for more than five years.

4.

Learned APP submits that the trial has been commenced, and only one witness has been examined, hence, requested to reject the application.

5.

I have heard both learned counsel. This Court has already passed the order to release applicant on bail. He is in jail for more than five years.

6.

In view of above, I pass following order.

ORDER

i. Application is allowed.

ii. Applicant- Muzahid Munir Shah be enlarged on bail in C. R. No. I-440 of 2016 registered with Ghatkopar Police Station, on executing P.R. Bond and cash bail of Rs.25,000/-.

iii. Applicant shall attend the Court dates. iv. The applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating 2/3

Officer.

v. Applicant shall not tamper with the evidence or attempt to the influence or contact the complainant, witnesses or any person concerned with the case. vi. This order be sent to Superintendent of Jail where the applicant has been lodged.

7.

The application is allowed in the aforesaid terms and is accordingly disposed of.

(SHIVKUMAR DIGE, J.) 3/3