Ashfaque Pashamiya Shaikh v. The State Of Maharashtra And ANR
Digitally signed by CHITRA SANJAY SONAWANE Date:
2024.08.05 19:56:44 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 10-ABA-2180-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2180 of 2024 Ashfaque Pashamiya Shaikh ...
Applicant.
Vs.
State of Maharashtra ...
Respondent.
--- Mr Khwaja Shaikh alias Gufran Shaikh for the applicant. Mr Arfan Sait, APP for the State.
API SR Sakpal Kongaon Police Station, is present. --- Coram : R.N.Laddha, J.
Date : 5 August 2024.
--- P.C. :
Heard.
2.
Leave to amend. Amendment to be carried out forthwith. After amendment is carried out, issue notice to respondent No.2. 3.
The learned Counsel for the applicant submits that the relationship between the applicant and the informant was consensual, lasting from 01.05.2023 to 23.04.2024. There is an unexplained significant delay in filing the FIR, and nothing is to be recovered from the applicant. Furthermore, the applicant is ready to cooperate with the investigation including undergoing a medical Page No. 1 of 2 ____________________________________________ 5 August 2024.
Chitra Sonawane 10-ABA-2180-2024.doc examination.
4.
In view of the above, issue notice to respondent No.2 returnable on 14 August 2024.
5.
In the meanwhile, the applicant can be granted interim relief in the following terms till next date.
(i) In the event, the applicant is arrested in connection with CR No.560/2024, registered at Kongaon Police Station, Bhiwandi, Thane, he shall be released on furnishing PR bond of Rs.25,000/- with one or more sureties in the like amount.
(ii) The applicant shall cooperate with the investigation and shall attend the concerned police Station on 8, 9 and 10 August, between 11:00 a.m. to 2:00 p.m.
(ii) The applicant shall not in any manner tamper with the prosecution evidence/ witnesses.
6.
Stand over to 14 August, 2024.
[ R. N. Laddha,J. ] Page No. 2 of 2 ____________________________________________ 5 August 2024.