Bombay High CourtIA/3568/2024allowed

Asif Iqbal Mulla And ORS. v. State Of Maharashtra And ANR.

2024-09-05Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

ssm 50-ia3568.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3568 OF 2024 IN CRIMINAL WRIT PETITION NO. 675 OF 2024 Asif Iqbal Mulla & Ors.

......Applicants Vs.

The State Of Maharashtra & Anr.

.....Respondents Adv. Kalim Ansari for the Applicants.

Smt. M.H. Mhatre, APP, for the Respondent-State. P.S.I. Rana P. Pardeshi, Kashimira Police Station present. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 5th SEPTEMBER, 2024.

P.C.:- 1) This is an Application for suspension of Look-Out Circular issued against the Applicant No.1 at the instance of Kashimira Police Station, in CR No.665 of 2023.

2) Learned Advocate for the Applicant No.1 submitted that, the Applicant has filed an Application-cum-Affidavit dated 7th August, 2024 duly affirmed before the Second Secretary (Cons) Embassy of India, Kinshasa, Congo Republic, Africa. It is stated therein that, the Applicant No.1 will come to India and will present himself at Kashimira Police Station before the Investigating Officer of the present crime to give his statement. 1/2

ssm 50-ia3568.2024.doc The said Affidavit is annexed at Exh-B to the Application. 3) Learned APP on instructions from P.S.I. Mr. Pardeshi, attached to Kashimira Police Station submitted that, if the Applicant No.1 is willingly coming to India and participating in the process of investigation of C.R. No.665 of 2023, then the prosecution has no objection for suspending the Look-Out Circular for a period of two weeks.

4) In view of the Affidavit filed by the Applicant No.1 and the statement made by the prosecution, the Look-Out Circular issued against the Applicant No.1 by Kashimira Police Station in C.R.No.665 of 2023 is suspended for a period of two weeks i.e. from 8th September, 2024 till 23rd September, 2024 (inclusive of both days).

4.1) The Investigating Officer of the C.R. No.665 of 2023 is directed to communicate this Order to the Immigration Authority at Mumbai Airport forthwith.

5) Application is allowed in the aforesaid terms. ( DR. NEELA GOKHALE, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2024.09.06 17:47:16 +0530 SANJIV SHARNAPPA MASHALKAR 2/2