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Bombay High CourtAPPLN/4134/2025application allowed

Meharaj Abdul Khayum Patel v. The State Of Maharashtra And Another

2026-02-05Hon'Ble Shri Justice Y. G. Khobragade2 pages

908appln4134-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CRIMINAL APPLICATION NO. 4134 OF 2025 IN APEALST/11397/2025 WITH CRIMINAL APPEAL NO. 820 OF 2025 Mehraj Abdul Khayum Patel

VERSUS

The State Of Maharashtra And Another Meharaj Abdul Khayum Patel

VERSUS

The State Of Maharashtra And Another ...

Mr. Ostwal Abhaykumar Dilip, Advocate for Applicant Mr. P. M Kulkarni, APP for Respondent State Ms. M. S. Hange, Advocate for Respondent No.2 (appointed) CORAM : Y. G. KHOBRAGADE, J.

Dated : 5th February, 2026 PER COURT :- 1.

Today, Advocate Shri Abhay Ostawal, learned counsel for the applicant has put an endorsement on Criminal Application No. 4134 of 2025 and prayed for withdrawal of the application for condonation of delay in view of the law laid down by Ghulam Rasool Khan v. State of U.P., 2022 SCC OnLine All 975. Accordingly, the criminal application is disposed of as withdrawn at the risk and consequences of the applicant.

2.

Office to register the appeal.

3.

Heard Shri Ostawal, learned counsel for the appellant/s in

908appln4134-25 both the appeals i.e. Criminal Appeal St. No.11397 of 2025 and Criminal Appeal No. 820 of 2025 .

4.

By these appeals under section 14(A) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with section 439 of the Criminal Procedure Code, the appellant/original accused No.1 Mehraj Abdul Khayum Patel is challenging the order dated 24.06.2025 passed by the learned Judge, Special Court, Latur Below Exh.10 in Special Case No. 60 of 2025, whereby the application for regular bail rejected in connection with Crime No.148/2028 registered with Vivekanand Chowk Police Station, Latur for the offences punishable under sections 103(1), 115(2), 352, 3(5) of the Bhartiya Nyaya Sanhita and under sections 3(2),3(v) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 5.

Issue notice to the respondents, made returnable on 26.02.2026.

6.

Learned APP waives notice on behalf of respondent No.1 in both the appeals. Learned counsel Ms. M. S. Hange, waives notice on behalf of respondent no.2 in both the appeals. ( Y. G. KHOBRAGADE, J. ) JPChavan