Abdul Ahmed Maqbul Shaikh v. State Of Maharashtra

102_BA_462_2025.docx Prasad Rajput 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.462 OF 2025 Abdul Ahmed Maqbul Shaikh .. Applicant

Versus

The State Of Maharashtra .. Respondent ....................

 Mr. Anil Y. Bansode, Advocate for Applicant.

 Mr. Sukanta A. Karmakar, APP for State.

...................

CORAM : MILIND N. JADHAV, J.

DATE : MARCH 03, 2025 P. C.

:

1.

Heard Mr. Bansode, learned Advocate for Applicant and Mr. Karmakar, learned APP for State.

2.

Applicant is indicted as Accused No.2 under the provisions of BNS and POCSO. Applicant is in incarceration for the past 4 years 1 month and 16 days.

3.

Mr. Bansode, learned Advocate for Applicant would submit that offence under Section 376 is admittedly committed by Accused No.1. He would submit that Accused No.2 is the step-father of victim in question.

4.

In view of the above position, Applicant is directed to implead victim / her legal guardian through concerned Police Station as party Respondent to the present Application. Let the amendment be

102_BA_462_2025.docx carried out within a period of one week from today. Re-verification stands dispensed with. Issue notice to the Respondents. Humdast permitted. Issue notice to Respondents. Humdast permitted. Mr. Karmakar waives service for Respondent-State. Amended copy of the Application shall be handed over to the concerned Investigating Officer.

5.

The Investigating Officer is directed to depute a responsible Police Officer to serve Respondent No.2 and get appropriate instructions from Respondent No.2 - victim / legal guardian of victim whether he / she requires legal representation to espouse his / her cause and apprise the Court on the next adjourned date upon which this Court shall take further steps to appoint Advocate from the legal aid, if so required.

6.

Stand over to 17th March, 2025. To be listed under the caption 'For Directions'.

P.R. Rajput [ MILIND N. JADHAV, J. ]