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Bombay High CourtIA/5099/2024allowed

Sharif @Chippi Asaraf Shaikh v. The State Of Maharashtra

2025-02-26Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak2 pages

28-ia-5099-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.5099 OF 2024 IN CRIMINAL APPEAL NO.82 OF 2021 Sharif @Chippi Asaraf Shaikh .....Applicant In the Matter in Between:

Rukaya Bahaddur Khan & Anr.

.....Appellants Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Aamir Shaikh, for the Applicant/Appellant. Ms. Kranti T. Hiwrale, APP, for the Respondent-State. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

Date : 26th FEBRUARY 2025.

P.C.:- 1.

This is the third Bail Application, preferred by the Applicant. The Applicant's first Bail Application was rejected on merits by this Court (Prasanna B. Varale, as he then was & S. M. Modak, JJ.) vide order dated 22nd February 2021. The said order is at Exhibit 'B' at page 59 of the Application. It appears that the second Bail Application was not considered on merits. Gaikwad RD 1/2

28-ia-5099-2024.doc 2.

Considering that the first Application was rejected on merits, judicial propriety requires that the present Application be placed before a Bench of which Justice S.M.Modak, is a member. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Gaikwad RD 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 03/03/2025 13:34:31