Malik Latif Kapadia v. The State Of Maharashtra And ANR

HEMANT CHANDERSEN SHIV H. C. SHIV 19.apl899.25.doc HEMANT CHANDERSEN SHIV Date: 2026.04.23 14:46:07 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.899 OF 2025 Malik Latif Kapadia ... Applicant vs.

The State of Maharashtra & Anr.

... Respondents Smt. Daksha Madhav with Deepesh Ramrakhyani i/b Desai Legal LLP for the Applicant.

Mr. Y. M. Nakhwa, APP for Respondent-State.

Advocate Gunjan Mangla with Sahil Harjani i/b Desai & Diwanji for Respondent No.2.

Mr. Sandeep Patil, PI, EOW, Mumbai present.

CORAM : SHYAM C. CHANDAK, J.

DATE : 22nd APRIL, 2026 P. C :

1) Heard learned Counsel for the Applicant, learned APP for the Respondent-State and learned Counsel for Respondent No.2. 2) On perusal of the material on record it appears that the case involves various questions of facts and law which are required to be decided on merits of the case which is only possible, after hearing the prosecution witnesses. Otherwise this Court will have to undertake a mini trial.

3) In view thereof the Application is disposed of with liberty to the Applicant to file an appropriate Application/proceeding before the trial 1/2

H. C. SHIV 19.apl899.25.doc Court. In the event, such Application is filed, it shall be decided on its own merits.

4) All contentions of the parties on merits are kept open. (SHYAM C. CHANDAK, J.) 2/2