Faizan Abdul Hak Kureshi v. State Of Maharashtra

92.BA.156.25.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 156 OF 2025 Faizan Abdul Hak Kureshi .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Ms. Aruna Pai, Advocate i/by N.M. Nadar for Applicant.  Mr. Hitendra J. Dedhia, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 06, 2025.

P.C.:

1.

Mentioned out of turn at the time of rising of the Court. 2.

Heard Ms. Pai, learned Advocate for Applicant and Mr. Dedhia, learned APP for Respondent - State.

3.

The case of the Applicant is that he is indicted for offences punishable under provisions of the Maharashtra Control of Organised Crime Act, 1999 (for short "MCOC Act") on the basis of a complete mis-identification of the Applicant without any role being ascribed or attributed to him in the crime. She would submit that in the sanction order the prosecution is relying upon 2 Crime Reports wherein Applicant is not arraigned as Accused neither there is any material appended thereto to suggest that he has committed or participated in the crime. She would fairly inform the Court that Applicant has

92.BA.156.25.doc antecedents. She would also submit that no TI parade has been conducted. She would submit that in so far as the present offence is concerned, prosecution has not identified him to having participated in the present offence.

4.

Prosecution shall take appropriate instructions from the concerned Investigating Officer of the aforesaid submissions made by the learned Advocate for Applicant and apprise the Court on the next adjourned date.

5.

If desired, prosecution shall file its Affidavit within a period two weeks from today.

6.

Stand over to 20th March, 2025. To be placed under the caption 'For Directions'.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.03.06 19:11:05 +0530 AJAY TRAMBAK UGALMUGALE