Sadam Hussain Abubakkar Khan v. The State Of Maharashtra

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. 4329 OF 2024 Saddam Hussain Abubakkar Khan .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents ....................

 Mr. Anish Pereira, Advocate for Applicant.

 Ms. Shilpa K. Gajare - Dhumal, APP for Respondent No.1 - State.  Mr. A.Y. Kamble, PSI, Aarey Police Station present. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 16, 2025.

P.C.:

1.

Heard Mr. Pereira, learned Advocate for Applicant and Ms. Gajare - Dhumal, learned APP for Respondent No.1 - State. 2.

Present Bail Application was received on 14.10.2024 through jail from the Applicant. However it is heard by the Court for the first time today. In that view of the matter and on considering it is seen that Applicant is indicted for an offences punishable under the provisions of Indian Penal Code, 1860 and the Protection of Children from Sexual Offences Act, 2012.

3.

In the present case, Applicant is incarcerated for the past 3 and 1⁄2 years in prison as can be seen from the Application. In order to deal with Application, Application will have to be amended and the

prosecutrix will have to be made party Respondent. In that view of the matter, Mr. Anish Pereira, Advocate practicing in this Court (Mobile No.9833068730) is appointed by the Court through the High Court Legal Aid Services Committee of this Court to represent and espouse the cause of Applicant forthwith.

4.

Ms. Gajare - Dhumal, learned APP is directed by the Court give a copy of the charge-sheet to Mr. Pereria. Considering the appointment of Mr. Pereria on behalf of the Applicant, amendment is permitted to be carried forthwith in the presence of the Court for impleadment of the prosecutrix as Respondent No.2 to the Application through the concerned Police Station. Re-verification stands dispensed with.

5.

The High Court Legal Aid Services Committee of this Court is directed to give appointment letter and papers of the matter to appointed Advocate forthwith in accordance with law to represent and espouse the cause of Applicant through the Legal Aid. 6.

Advocate for Applicant is directed by the Court to furnish a copy of the Application to the concerned Investigating Officer directly who is directed by this Court to depute a responsible lady officer and take Respondent No.2's consent for legal representation to the Court, the same shall be apprise the Court through the learned APP on the next adjourned date when further order will be passed.

7.

Let the aforesaid exercise be completed within a period of one week from today.

8.

List the Bail Application on Board on 23rd April 2025. To be placed under the caption 'For Directions'.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.04.16 19:34:07 +0530 AJAY TRAMBAK UGALMUGALE