Mustafa @ Faijju Mehboob Shaikh v. State Of Maharashtra

42.BA.4958.2024.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.4958 OF 2024 Mustafa @ Faijju Mehboob Shaikh .. Applicant

Versus

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

 Ms. Shaikh Rukhsar a/w. Shaikh Ebaad, Advocates for Applicant.  Mr. Hitendra J. Dedhia, APP for Respondent.

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CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 28, 2025 P.C.

:

1.

Heard Ms. Shaikh, learned Advocate for Applicant and Mr. Dedhia, learned APP for Respondent.

2.

Applicant is incarcerated for past more than two and half years under Sections 307, 323, 504 and 120B of the Indian Penal Code, 1860 (for short 'IPC').

3.

Ms. Shaikh would submit that there are four accused persons out of whom one accused person has been granted Anticipatory Bail. She would persuade the Court to consider the fact that there is no direct role of Applicant in the present crime and therefore considering his long incarceration and case of prosecution the present Application be considered.

4.

Learned APP shall ascertain the veracity of submission made by learned Advocate for Advocate and apprise the role of Applicant

42.BA.4958.2024.doc from the prosecution's case / charge-sheet through the Court on the next adjourned date.

5.

Learned Advocate for Applicant would inform the Court that Applicant has not been charged with using any weapon neither there has been recovery of any weapon from his possession. Learned APP shall consider this aspect also and accordingly inform the Court on the next adjourned date.

6.

Learned Advocate for Applicant would however fairly inform the Court that injured victim has received grievous injury but Applicant is not the author of said injury. Considering the aforesaid, list the present Application on 08th April, 2025. To be placed on the 'Supplementary Board'.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.03.29 10:21:52 +0530 HARSHADA HANUMANT SAWANT