Jainul Naseeruddin Khan v. The State Of Maharashtra And ANR

36-BA-4097-2024.DOC Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4097 OF 2024 Jainul Naseeruddin Khan ...Applicant

Versus

The State Of Maharashtra and Anr.

...Respondents

Mr. Mushtaq Shaikh a/w Sameera Khan, for the Applicant. Ms. Manisha R. Tidke, APP for the State-Respondent No.1. Ms. Vilasini Balasubramanian, for Respondent No.2 (Legal Aid Counsel).

CORAM

Dr. Neela Gokhale, J.

DATED:

7th October 2025 PC:- 1.

The Applicant is arrested on 22nd April 2024 in the said offence in connection with FIR No. 577 of 2024 dated 22nd April 2024 registered with Malwani Police Station, Brihanmumbai City for the offences punishable under Section 376 of the IPC and under Sections 4, 5(J)(2), 5(L), 5(N),6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO').

2.

Admittedly, by order dated 2nd September 2025, the Directorate of Forensic Science Laboratory ('FSL') was directed 7th October 2025

36-BA-4097-2024.DOC to furnish the CA report, as sought by the Investigating Officer, within a period of two weeks from the date of the said order. By order dated 16th September 2025, this Court recorded that the Directorate of FSL had not furnished the said report. As per the previous order of this Court, another two weeks' time was granted for the purpose of placing the report on record. However, even today, the report is not placed on record.

3.

In these circumstances, considering that the Applicant is in custody since 22nd April 2024 and despite the charge-sheet being filed, charges are not yet framed. The Trial Court is requested to frame charges and record the deposition of the victim as well as the complainant within a period of three months from the date this order is presented before the Trial Court.

4.

Stand over to 15th January 2026.

(Dr. Neela Gokhale, J) 7th October 2025