Mushtak Nisar Momin v. The State Of Maharashtra

bipin prithiani 5-aba-1397.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1397 OF 2024

1. Mushtak Nisar Momim

2. Abbas Mohammadali Warasi ...

Applicants

Versus

The State of Maharashtra ...

Respondent ****** Mr. Prasad Avhad i/by Suyash N. Khose for the Applicant. Mr. Mayur S. Sonavane, APP for Respondent-State. Ms. Bhoomi Vyas h/f Mr. Sangram Chinappa for the Informant. Mr. H. S. Kadam, Head Constable, Wanwadi Police Station, Pune. ****** CORAM: MANISH PITALE, J.

DATE : 30th SEPTEMBER 2024 P.C. :

.

When this application is called out, the learned counsel, having instructions to appear on behalf of the first informant, submits that an intervention application is proposed to be filed on behalf of the first informant.

2.

It is further brought to the notice of this Court that in Anticipatory Bail Application No. 1261 of 2024 filed by coaccused person, on 6th May 2024, this Court (Coram: Sarang V. Kotwal, J.) granted interim order in favour of the co-accused person.

BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.09.30 18:58:57 +0530 3.

In the present application, listed subsequently during vacation on 17th May 2024, this Court (Coram: M. W.

bipin prithiani 5-aba-1397.24.doc Chandwani, J.) recorded statement of the learned APP appearing on the said date, on instructions of the Investigating Officer, that the Police would not arrest the applicants herein, subject to the applicants cooperating with the investigation. 4.

Thereafter, the present application was listed, but could not be heard due to paucity of time.

5.

Considering the fact that the Bench presided over by the Hon'ble Shri Justice Sarang V. Kotwal, passed the interim order first in point of time i.e. on 6th May 2024, in the case of coaccused person, in the application arising from the same FIR, and in the light of the practice direction/notice dated 8th February 2024 issued by the Registrar (Judicial - I), the Registry is directed to list this application before the appropriate Bench. MANISH PITALE, J.