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Bombay High CourtAPPP/1113/2019others disposed off

Japhar Aayatali Shaikh v. The State Of Maharashtra

2019-08-14Hon'Ble Shri Justice Prakash D. Naik2 pages

rpa 1/2 901-appln-1113-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1113 OF 2019 IN CRIMINAL BAIL APPLICATION NO.146 OF 2019 Jafar Hayatali Shaikh .. Petitioner Vs.

State of Maharashtra .. Respondent ......

Mr.Aashay B. Topiwala i/b. Ms.Anjali Patil, Advocate for the Applicant.

Ms.P.P. Shinde, APP for Respondent - State.

PI Mane Pravin/SBI, present.

PSI Rajan Dhuri, Sakinaka Police Station, present. ......

CORAM : PRAKASH D. NAIK, J.

(CHAMBER MATTER) DATED :

AUGUST 14, 2019.

P.C. :

This is an application seeking correction of name of the applicant. The applicant was granted bail vide Criminal Bail Application No.146 of 2019 by order dated 7th March, 2019. In the cause title of the Bail Application, the name of the applicant was mentioned as "Japhar Aayatali Shaikh".

rpa 2/2 901-appln-1113-19.doc The learned counsel for the applicant contends that the correct name of the applicant is "Jafar Hayatali Shaikh". The applicant has relied upon driving licence which mentions his correct name. It is not disputed that the charge-sheet mentions the name of the applicant as "Jafar Hayatali Shaikh". Learned APP submits that the investigating officer has also confirmed the said fact. In the circumstances, I pass the following order: :: O R D E R ::

(i) Leave to amend to correct the name of the applicant in the cause title of Criminal Bail Application No.146 of 2019 as "Jafar Hayatali Shaikh". Correction be also carried out in order dated 7th March, 2019;

(ii) Amendment to be carried out forthwith;

(iii) Fresh writ be issued by the Registry with the correct name of the applicant;

(iv) Criminal Application stands disposed of.

(PRAKASH D. NAIK, J.)