Mohammed Shakil Abdul Rahim Bagwan v. The State Of Maharashtra And Others

PB1-WP-1101-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1101 OF 2023 Mohammed Shakil Abdul Rahim Bagwan ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. H.I. Pathan, Advocate for petitioner Mr. A.R. Kale, A.P.P. for - State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 01st AUGUST, 2023 PER COURT :

1.

Notice was issued in this habeas corpus petition for production of Abdul Habib Abdul Rahim Bagwan ('accused').

2.

Learned A.P.P. informs that the accused, for whose search and production notice was issued, appeared on his own before Vimantal Police Station, Dist. Nanded and is now being produced before the Court. 3.

Mr. Nag Dev, Police Inspector, C.I.D., Crime Branch, Police Station Bharari, Shimla is present. He is armed with an arrest warrant issued by Additional Chief Judicial Magistrate, Theog, Dist. Shimla (Himachal Pradesh) for arrest of the accused.

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PB1-WP-1101-23.odt 4.

Learned counsel for the petitioner informs that the accused was being taken to Shimla by the very officer. Though he is taken into custody at Nanded, his arrest was shown at Paratwada, Dist. Amravati. On the way, he absconded from the custody of police.

5.

The concerned police officer viz. Mr. Nag Dev, may take Abdul Habib Abdul Rahim Bagwan in his custody for being produced before the Court of Additional Chief Judicial Magistrate, Theog, Dist. Shimla (Himachal Pradesh). A family member of the said fellow is allowed to accompany him until he is produced before the Court concerned in Shimla. 6.

Criminal writ petition stands disposed of accordingly. ( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2