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Bombay High CourtABA/2315/2022dismissed

Abdul Rehman Mohd Salim v. The State Of Maharashtra

2022-08-25Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 904 ABA 2315-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2315 of 2022 Abdul Rehman Mohd Salim ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Amol Thombre i/b Sachin Chandan for the applicant. Ms.P.N. Dabholkar, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 25th AUGUST, 2022 P.C:- The present application is filed on the second occasion, earlier being rejected on merits on 19/9/2018, pursuant to which the charge-sheet has been filed. After filing of the charge-sheet, the applicant cannot approach the Sessions Court which rejected his application by specifically recording that the FIR is of the year 2018 and since then, the applicant is Absconding. It is specifically recorded that there is no change in the circumstances while his application was rejected by the High Court.

The same circumstances exist as on today and since in a serious offence, where the applicant was accused of Sections 8 Tilak

2/2 904 ABA 2315-22.doc and 12 of the POCSO Act, 2012, when the Investigating Officer had expressed that he desire the Custodial Interrogation, the applicant has been running away from law and once again, he comes up seeking protection from arrest.

There is no change in circumstances, except that the charge-sheet has been filed, but the applicant was not subjected to any sort of investigation, the present application cannot be entertained.

It is dismissed.

( SMT. BHARATI DANGRE, J.) Tilak