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Bombay High CourtBA/2964/2024allowed

Husain Sahebmiya Shaikh v. State Of Maharashtra

2025-04-24Hon'Ble Shri Justice Amit Borkar2 pages

51.BA.2964.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2964 OF 2024 Husain Sahebmiya Shaikh .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 None for Applicant.

 Mr. Hitendra J. Dedhia, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 24, 2025.

P.C.:

1.

None appears for Applicant. Heard Mr. Dedhia, learned APP for Respondent - State.

2.

Applicant is indicted in an offence punishable under the provisions of Indian Penal Code, 1860 and Protection of Children from Sexual Offences Act, 2012.

3.

Today, when the Application is called out, Advocate for Applicant is not present. Perusal of the Application it is seen that indictment of the Applicant is under the offences of IPC and POCSO and therefore Advocate for Applicant is directed by the Court to immediately implead prosecutrix / First Informant as Respondent No.2 to the present Application.

51.BA.2964.24.doc 4.

The aforesaid amendment is permitted to be carried out within a period of four weeks from today. Re-verification stands dispensed with.

5.

Additionally it is seen that Report dated 12.03.2025 by the Police Inspector of Nayanagar Police Station has been placed on record. That apart report states that prosecutrix is not traceable. Be that as it may considering the aforesaid order impleadment of the prosecutrix is directed to be carried out pursuant to which an Advocate can be appointed to represent and espouse the cause of Respondent No.2 through the Legal Aid even if the prosecutrix is not traceable in accordance with law.

6.

List the Bail Application on Board on 4th July 2025. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.04.25 11:17:03 +0530 AJAY TRAMBAK UGALMUGALE