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Bombay High CourtABA/76/2024disposed off

Sayyed Naseeruddin Faheem Shah And ORS v. The State Of Maharashtra

2024-12-02Hon'Ble Shri Justice Manish Pitale3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 76 OF 2024

1. Sayyed Naseeruddin Faheem Shah

2. Sadika Mansoor Kazi

3. Sayed Mustaq Amjad Shah

4. Tabassum Imtiyaz Shah ...

Applicants

Versus

The State of Maharashtra ...

Respondent WITH INTERIM APPLICATION NO. 702 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 76 OF 2024 Uzma Huzaifa Shah ...

Applicant

Versus

The State of Maharashtra & Ors.

...

Respondents WITH ANTICIPATORY BAIL APPLICATION NO. 77 OF 2024

1. Sayyed Huzaiffa Faheem Shah

2. Sayyed Faheem Rashid Shah

3. Shaheen Faheem Shah ...

Applicants

Versus

The State of Maharashtra ...

Respondent WITH INTERIM APPLICATION NO. 703 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 77 OF 2024 Uzma Huzaifa Shah ...

Applicant

Versus

The State of Maharashtra & Ors.

...

Respondents ****** Adv. Hasnain Kazi a/w Shraddha Vavhal and Hafiz Kazi for the Applicants.

Mr. Sagar R. Agarkar, APP for Respondent-State. Mr. Aniket Nikam a/w Shreya Anuwal i/by Amit Icham for Intervenor in both IA/702/2024 and IA/703/2024. ****** CORAM: MANISH PITALE, J.

DATE : 2nd DECEMBER 2024 P.C. :

.

In these applications on 12th January 2024, this Court granted interim relief in favour of the applicants, subject to specific conditions.

2.

It appears that the applicants have cooperated with the investigation and they have also made efforts to settle the dispute with the first informant and this is evident from the fact that the parties were referred to the mediation center of this Court. 3.

In the meanwhile, the investigation has been completed and charge-sheet has been filed.

4.

Although, the learned counsel appearing for the intervenor (first informant) has opposed the application, considering the fact that interim relief is operated in favour of the applicants, subject to certain conditions and there is nothing to show that they violated any of the conditions, coupled with the fact that the charge-sheet is already filed and the root cause of the dispute between the parties appears to be matrimonial discord, this Court is inclined to allow these applications. It would be open for the parties to seek settlement of the inter-se disputes, despite disposal

of the present applications.

5.

In view of the above, the interim order dated 12th January 2024 is made absolute and the applications are allowed. 6.

The applicants shall cooperate with the concerned Court, during further proceedings.

7.

In view of the disposal of the anticipatory bail applications, the Interim Applications also stand disposed of. MANISH PITALE, J.

BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.12.02 16:18:50 +0530