← Library
Bombay High CourtBA/1411/2024allowed

Jamal Akhtar Ansari v. The State Of Maharashtra

2024-06-21Hon'Ble Shri Justice S. M. Modak2 pages

3-BA-1411-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by SATISH RAMCHANDRA SANGAR Date:

2024.06.25 18:04:00 +0530 SATISH RAMCHANDRA SANGAR BAIL APPLICATION NO. 1411 OF 2024 Jamal Akhtar Ansari ...Applicant vs.

The State of Maharashtra

...Respondent

***** Mr.Ali Kaashif Khan Deshmukh a/w Ms.Snigdha Khandelwal, Ms.Hitanshi Gajaria:- Advocates for Applicant.

Mr.H.J.Dedhia:- APP for Respondent - State.

Mr.Aakash Pawar - PSI:- Kopari Police Station - Thane City.

*****

CORAM

:

S. M. MODAK, J.

DATED :

21st JUNE 2024 P. C. :

1.

After hearing the learned Advocate for the Applicant and learned APP, I think the copies of panchnama if at all carried out about the identification needs to be produced by the learned APP. They may be with the concerned Tahsildar or with the Court but Police can produce their copies. Even though, it is true that in supplementary statement of the witnesses, there is a reference of conducting the panchnama in the Satish Sangar 1/2

3-BA-1411-2024.doc jail, learned Advocate for the Applicant vehemently submitted that they were not conducted in jail and for that purpose, he relied upon the signature of the Police on the supplementary statement of the witnesses.

2.

If the statement is recorded by the Police, there ought to be signature of the concerned Police Officer. The supplementary statement do reveal about the parade in the jail but let the prosecution to produce them, so that, the Court can verify as to whether any of the Accused including the Applicant is identified by any of the witnesses. This was because, the Applicant is not named in the FIR and who is named in the FIR is Ashok and according to the prosecution, he is nothing but the present Applicant.

3.

Learned Advocate for the Applicant produced copies of the roznamas to show the stage of the case. Warrant is issued against some of the Accused and charge is yet to be framed. 4.

Stand over to 9th July 2024.

[S. M. MODAK, J.] Satish Sangar 2/2