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Bombay High CourtBA/4746/2024allowed

Vishal Dinesh Vayeda v. State Of Maharashtra

2025-03-18Hon'Ble Shri Justice Milind N. Jadhav2 pages

906. BA-4746-2024.docx Amberkar 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. 4746 OF 2024 Vishal Dinesh Vayeda .. Applicant

Versus

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

 Mr. Shamrao B. Gore for Applicant  Ms. Savita M. Yadav, APP for State ...................

CORAM : MILIND N. JADHAV, J.

DATE : MARCH 18, 2025 P. C.

:

1.

Heard Mr. Gore, learned Advocate for Applicant and Ms. Yadav, learned APP for State.

2.

At the outset Mr. Gore would submit that though in the present Bail Application, the age of Applicant is stated to be 21 years, he has received instructions to inform the Court that Applicant was minor at the time of incident in question which dates back to May 2022. In support his submission, he has produced copy of birth certificate of the Applicant wherein his date of birth is mentioned as 12.06.2004. Copy of the birth certificate is handed over to learned APP. She shall take appropriate instructions regarding the aforesaid submissions made by Mr. Gore and accordingly apprise the Court on the next adjourned date if the Applicant was a minor at the time of incident. If it is seen that

906. BA-4746-2024.docx Applicant was minor at the time of incident, then the matter will have to be relegated to the Juvenile Court.

3.

From the record, it is seen that victim in the present case has committed suicide by hanging. First Informant in the present case is mother of the victim. Perusal of the Application filed before the Court shows that victim is not made a party to the present Application. Mr. Gore would submit that since she has expired, she has not been made a party. Nevertheless I direct Mr. Gore to implead the first informant as Respondent No. 2 to the present Application. Amendment is permitted to be carried out within a period of one week from today. Re-verification stands dispensed with. Copy of the amended Application shall be served on the Respondent No. 2 through the concerned Investigating Officer(IO). The Advocate for Applicant shall serve a set of papers on the IO and he shall depute a lady police officer to serve the same and to obtain her consent for legal aid on her behalf in the Court through the Legal Aid.

4.

Stand over to 25th March, 2025. To be placed under the caption "for Directions".

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date: 2025.03.18 14:20:31 +0530 RAVINDRA MOHAN AMBERKAR