Mohammad Jameel Ishq Khan v. Angeline Babu Ninima

1 10-APPLN 482-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.482 OF 2025 Mohammad Jameel Ishq Khan ... Applicant V/s.

Angeline Babu Ninima & Ors.

... Respondents ----- Mr. Arjun Wadkar & Shabana Salmani for the Applicant. Mr. Ramnath V. Kini for Respondent Nos.1 to 9. Mr. B. V. Holambe Patil, APP for Respondent No.10-State. PSI Sunil Sonawane, Pairavi, Charkop PS is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

27TH JANUARY 2026 P.C. :

1.

This is an Application for cancellation of anticipatory bail granted to Respondent Nos.1 to 9 by the Learned Sessions Court vide order dated 12th September 2025 in Anticipatory Bail Application No.1243 of 2025. 2.

Learned Counsel for Respondent Nos.1 to 9 submits that Respondent No.6 has expired on 23rd January 2026. Thus the Application stands abated to the extent of Respondent No.6. 3.

Learned APP for the Respondent-State has tendered the report dated 27th January 2026 received from the investigating officer in the present crime. The said report is taken on record and marked 'X' for the purpose of identification. Learned APP submits that though the investigation is going on till date no evidence is found against Respondent Mugdha

2 10-APPLN 482-25.doc Nos.1 to 5 and 7 to 9 in respect of their involvement in the alleged crime. It is submitted that, thus, the prosecution has decided to make them witness.

4.

Learned Counsel for the Applicant has drawn my attention to the order passed by this Court dated 11th February 2025 in Anticipatory Bail Application No.3385 of 2024. It is submitted that in view of the observations made by this Court in the said order, respondent Nos. 1 to 5 and 7 to 9 cannot be exonerated and they cannot be made witness. The said aspect cannot be examined in the present proceedings for cancellation of anticipatory bail. However, liberty is granted to the Applicant to challenge or object to the said report in the appropriate proceedings.

5.

In absence of any evidence against respondent Nos. 1 to 5 and 7 to 9, the present Application for cancellation of anticipatory bail cannot be entertained.

6.

The Criminal Application is disposed of in the aforesaid terms. (N.R. BORKAR, J.) Mugdha