Fahim Jafar Shaikh v. State Of Maharashtra And ANR

102. BA-5462-24.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. 5462 OF 2024 Fahim Jafar Shaikh .. Applicant

Versus

State of Maharashtra & Anr.

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

 Mr. Husen Shaikh for Applicant  Mr. Rushikesh M. Pethe, APP for State ...................

CORAM : MILIND N. JADHAV, J.

DATE : MARCH 11, 2025 P. C.

:

1.

Mentioned at the time of rising.

2.

Heard Mr. Shaikh, learned Advocate for Applicant and Mr. Pethe, learned APP for Respondent No. 1 - State. 3.

Mr. Shaikh would submit that Applicant is indicted in two crimes in respect of which he has filed two Bail Applications. The facts in the present case are somewhat peculiar as narrated by Mr. Shaikh. He would submit that there are 3 criminal reports filed in the present case; first by the father of the victim, second by the mother of the victim and third by the Rescue Foundation. He would inform the Court that Bail Application No. 5327/2024 is not listed on board today, hence he would persuade the Court to list the same along with the present Bail Application. Considering the case of the Applicant and his long incarceration for 15 months, both the Bail Applications be

102. BA-5462-24.docx tagged and heard together. Hence, Bail Application No. 5327/2024 is taken on board today and tagged along with the present Bail Application.

4.

Issue notice in both the Bail Applications to Respondents returnable on 18.03.2025. Humdast permitted. Learned APP waives service for Respondent No. 1. Applicant is directed to serve extra set of both the Bail Applications on learned APP so that learned APP shall take appropriate instructions in the matter.

5.

In addition to service of notice through Court, learned Advocate for Applicant shall serve one extra set of papers of the present Applications on the concerned Investigating Officer (IO) directly. Learned APP shall inform the IO to ensure that a responsible lady police officer is deputed and consent of Respondent No. 2 / victim is accordingly obtained for legal representation if she desires Legal Aid and apprise the Court on the next date so that this Court can take further steps to appoint Advocate to represent and espouse the cause of Respondent No. 2.

6.

Stand over to 18th March, 2025. To be shown under the caption "for Directions".

Amberkar [ MILIND N. JADHAV, J. ] RAVINDRA MOHAN AMBERKAR Date: 2025.03.11 19:33:51 +0530 RAVINDRA MOHAN AMBERKAR