Mohd. Farhan Sakib Khan v. State Of Maharashtra And ANR

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920.ba-208-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.208 OF 2024 Mohd. Farhan Sakib Khan .....Applicant

Versus

The State of Maharashtra & Anr.

.... Respondents ----- Mr. Nikhil Wadikar, Advocate i/b. Sejal Jain, for the Applicant. Ms. Pallavi N. Dabholkar, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 03rd MAY, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.288/2019 registered with M.H.B. Colony Police Station, Mumbai under Sections 363, 376, 506 of IPC and under Sections 4, 8 and 12 of the Protection of Children From Sexual Offences Act.

2.

Leave to amend is granted to learned counsel for the Applicant to mask the identity of the Respondent No.2. Amendment shall be carried out forthwith.

3.

Learned counsel for the Applicant submitted that vide the previous order dated 16.1.2024, the investigating Deshmane(PS)

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920.ba-208-24.odt officer was directed to serve the Respondent No.2 and to file a report of service. Learned counsel had furnished a copy of the application to the investigating agency. As of today no such report is filed. Since the report is not filed, it is necessary that the investigating officer files a report in that behalf. 4.

Hence, the following order:

O R D E R

(i) Issue fresh notice to the Respondent No.2, returnable on 14.6.2024.

(ii) The investigating officer shall inform the Respondent No.2 about pendency of this Application and the next date of listing. The Respondent No.2 shall be asked whether she wants to engage a private Advocate or she wants a legal aid counsel and make a statement to that effect before this Court.

(iii) It is clarified that pendency of this Application shall not come in the way to continue with the trial expeditiously. (iv) Stand over to 14.6.2024.

(SARANG V. KOTWAL, J.)