Farheen Javed Miya Pashu Sayyed v. The State Of Maharashtra

47.aba1996.16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1996 OF 2016 Mrs. Farheen Javed Miya ... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Rajendra Sorankar, advocate for Applicant. Mr. Prashant Jadhav, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : NOVEMBER 21, 2016 P.C.:

Heard the learned Counsel for the applicants, the learned APP for State and learned Counsel for the intervenor. Perused the papers. This is an application under Section 438 of the Code of Criminal Procedure, 1973. The applicant herein is apprehending his arrest in Crime No. 71 of 2016 registered at Kondhwa Police Station for offence punishable under Section 420, 466, 467, 471, 170, 171, 506(2) read with Section 34 of the Indian Penal Code. Talwalkar 1/2

47.aba1996.16.sxw The learned Counsel for the applicant submits that the applicant is a woman and is mother of four months old child. Considering the fact of the case, this Court is not inclined to grant discretionary relief under section 438 of the Code of Criminal Procedure, 1973. The learned Counsel submits that the applicant would appear before the Judicial Magistrate First Class on 28/11/2016. The learned Magistrate without being influenced by the rejection of the present application shall consider the application filed by the applicant by virtue of proviso to section 437 of Code of Criminal Procedure, 1973.

The application being sans merits stands rejected. However, the applicant stands protected till 5 p.m. of 28/11/2016. The application is disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) Talwalkar 2/2