Shaikh Jameel Shaikh Yunus And ANR v. The State Of Maharashtra And ANR

2025:BHC-AUG:26509-DB 909-appln-2946-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CRIMINAL APPLICATION NO.2946 OF 2019 1.

Shaikh Jameel Shaikh Yunus 2.

Husen Dadabhai Atar .. Applicants

Versus

1.

The State of Maharashtra Through the Police Inspector, Police Station, Paithan, Tq. Paithan, Dist. Aurangabad.

2.

Farheen Ruhi Iliyas Shaikh .. Respondents ...

Mr. R. V. Ghayal, Advocate for Applicants. (Absent) Mrs. P. R. Bharaswadkar, APP for Respondent No.1/State. Mr. Sayyed Tauseef Yaseen, Advocate for Respondent No.2. ...

CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE : 24 SEPTEMBER 2025 ORDER :

.

Learned Advocate for the applicants is absent. 2.

Learned APP submits that charge-sheet came to be filed way back on 03.03.2020. It appears that after 26.02.2020, the matter was not even got for circulation by the applicants. No prayer for amendment or separate application for amendment appears to have been filed. Learned APP further informs that since 09.11.2022 Bailable Warrants have been [1]

909-appln-2946-2019.odt issued and since 21.01.2023 Non Bailable Warrants have been issued against the applicants and the matter is for service of warrants. That means the applicants are not even appearing before the trial Court, which may amount to breach of term of bail. In our considered view, the powers under Section 482 of the Code of Criminal Procedure cannot be used in favour of such person, who is not following the legal procedure. 3.

The application stands dismissed.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]