Irfan Altab Momin v. State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1250 OF 2023 Irfan Altab Momin ..

Appellant

Versus

State of Maharashtra and anr ..

Respondents ...

Mr.Tukaram for the appellant.

Ms.Chaitrali Deshmukh for respondent no.2.

Mr.K.V. Saste, APP for respondent no.1 State. CORAM: BHARATI DANGRE, J.

DATED : 28th MARCH, 2024 P.C:- Since the learned APP inform that the investigation in the subject C.R. No.726/2023 which has invoked the provisions of the Indian Penal Code (IPC) and under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is complete and charge-sheet is filed, the custodial interrogation of the appellant is not necessary. Since I had already recorded the prima facie case in favour of the appellant for grant of ad-interim relief, today, after hearing Ms.Chaitrali Deshmukh for the complainant, I find no reason why the ad-interim order dated 9/11/2023 shall not be made absolute.

Tilak

2/2 3 APEAL 1250-23.doc Apart from this, co-accused Aslam Lalabhai Mulani is also directed to be released on bail in the same C.R by recording a prima facie case in his favour.

In wake of the above, order dated 09/11/2023 is made absolute.

Before parting, I would also like to place on record appreciation for Ms.Chaitrali Deshmukh, who was appointed by the Legal Services Authority to represent the complainant and who has rendered effectively. The legal Services Authority shall make payment of remuneration, due and payable to her, within an period of four weeks from today.

( SMT. BHARATI DANGRE, J.) Tilak