Sarafuddin Ayub Shaikh v. The State Of Maharashtra

81.BA.4684.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4684 OF 2024 Sarafuddin Ayub Shaikh .. Applicant

Versus

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

 Ms. Ilsa Shaikh a/w. Ms. Manasi Potdar and Mr. Sarfaraz Khalife, Advocates i/by Mr. Nikhil Gole for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent - the State of Maharashtra.

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CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 13, 2025 P.C.

:

1.

Mentioned out of turn at the time of rising of the Court. 2.

Heard Ms. Shaikh, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent - the State of Maharashtra. 3.

In compliance of order dated 04.02.2025, Ms. Shaikh appearing on behalf of Applicant would submit that as delineated in the said order the entire amount for which Complainant has invoked criminal action against Applicant has been reverted back to the First Informant - Complainant through four specific Bank entries. In that view of the matter, it is clearly proven on record that Complainant herself had received the entire amount.

4.

Prima facie, it is seen that amount which has been reverted back is seen from order passed below Exhibit - 1 dated 05.04.2024

81.BA.4684.2024.doc before Trial Court. The amount which has been reverted back to the First Informant is little less than Rs.7,00,000/-. In that view of the matter, the learned APP shall consider the present order and order dated 05.04.2024. Ms. Shaikh shall serve copy of this order alongwith order dated 05.04.2024 on the Investigating Officer who shall give appropriate instructions to the learned APP.

5.

Stand over to 11th March, 2025 at 02:30 p.m.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.02.13 19:09:28 +0530 HARSHADA HANUMANT SAWANT