Shahjur @Siraj Saheblal Chapparband v. State Of Maharashtra And ANR

by ARUNA SANDEEP TALWALKAR Date:

2025.08.22 13:07:01 +0530 ARUNA SANDEEP TALWALKAR 7.BA173.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 173 OF 2024 Shahjur @Siraj Saheblal Chapparband & Ors.

...Applicants.

Versus

The State of Maharashtra & Anr.

...Respondents.

Ms. Anjali Patil, Mr. Tohid Shaikh a/w. Mr. Onkar Gurav, Advocate for the Applicant.

Mr. T.G. Khan, APP for Respondent-State.

CORAM: ASHWIN D. BHOBE, J DATED: 20th AUGUST, 2025 PC:- 1.

Heard Ms. Anjali Patil, learned Advocate for the Applicant and Mr. Khan, learned APP for State.

2.

By the present Application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the Applicant is seeking regular bail in Crime No. 303 of 2021 registered with Wanawadi Police Station, Pune for the offences punishable under Section 363, 376(D), 377, 120(B), read with Section 34 of the Indian Penal Code and under Section 4(2), 5(g), 6, 8, 12, 17 of POCSO Act.

3.

Mr. Khan, learned APP for the State points out to the order dated 21st April, 2023 passed in Criminal Bail Application No. 1454 of 2022 and submits that the Applicant is required to avail the liberty of filing bail application before the learned Trial Court, at the first instance. 4.

In view of the objection raised by Mr. Khan, learned APP, Ms. Anjali Patil, learned Advocate for the Applicant on instructions from the Applicant craves leave to withdraw the present Bail Application and file a fresh bail application before the learned Trial Court in terms of the liberty granted in Criminal Bail Application No. 1454 of 2022. Applicant is granted liberty to withdraw the present Bail Application with leave to file fresh bail application before the trial Court.

5.

Ms. Anjali Patil, learned Advocate for the Applicant submits that Applicant shall file the bail Application before the Trial Court, within ten days from today. She states that the learned Trial Court be directed to dispose of such application within a stipulated time.

6.

Considering the order dated 21st April, 2023 passed in Criminal Bail Application No. 1454 of 2022, if Applicant files Bail Application within a period of 10 days from today, the trial Court to make an endeavor to dispose of said Bail Application expeditiously and at any rate within a period of 2

months from the first date of the hearing of such application. Such Application be considered on its own merits and in accordance with law. 7.

Bail Application No. 173 of 2024 is disposed of as withdrawn in the above terms.

(ASHWIN D. BHOBE,J.)