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Bombay High CourtBA/1120/2024disposed off

Nasir Hussain Samsher Ali Hashmi v. State Of Maharashtra

2025-09-20Hon'Ble Shri Justice Sandesh Dadasaheb Patil2 pages

3-ba1120-24.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL BAIL APPLICATION NO.1120 OF 2024 VASANT ANANDRAO IDHOL Date: 2025.09.25 23:18:02 +0530 Nasir Hussain Samsher Ali Hashmi ...Applicant V/s.

State of Maharashtra

...Respondent

Mr.Harshvardhan G. Khambete for the Applicant. Mr.Y.M. Nakhwa, APP for the Respondent - State. CORAM :

SANDESH D. PATIL, J.

DATE : 20TH SEPTEMBER, 2025.

P.C. :- 1.

The present Application is filed by the Accused through jail. He is seeking a bail in connection with C.R. No.196 of 2015 for offences committed under Sections 377, 354, 354-A, 342 and under Sections 6, 10, 12 of The Protection of Children From Sexual Offences Act, 2012 (POSCO) Act registered with Wadala Police Station, which is culminated into POSCO Case No.569 of 2015. Mr.Harshvardhan G. Khambete was appointed through Legal Aid to espouse the case of the Applicant. He fairly stated 1/2

3-ba1120-24.doc that on the last occasion when the matter was called out before the Court (Coram : Amit Borkar, J.) on 30th June, 2025, the attention of this Court was not drawn to the fact that Criminal Appeal No.332 of 2018 which was pending before this Court, was already decided nearly seven years ago.

2.

Today, learned advocate appointed through Legal Aid points out that the said judgment dated 11th August, 2022 passed in Criminal Appeal No.332 of 2018 by the learned single Judge of this Court (Coram : Sarang V. Kotwal, J.) was confirmed in S.L.P. bearing Diary No.51137 of 2024 as the said S.L.P. was dismissed.

3.

The Learned advocate appearing for the Applicant also further points that the Applicant has been granted parole. He fairly states that since not only the trial is over but the Appeal and S.L.P. against the order of conviction is disposed off, this Bail Application was not maintainable.

4.

For the reasons mentioned above, nothing survives in this Bail Application and the same is accordingly disposed off. (SANDESH D. PATIL, J.) 2/2