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Bombay High CourtBA/1743/2025disposed off as withdrawn

Mohammed Muneeb Abdus Saleem Sayyed v. State Of Maharashtra And ANR

2025-04-25Hon'Ble Shri Justice Amit Borkar5 pages

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1743 OF 2025 Mohammed Muneeb Abdus Saleem Sayyed .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents WITH INTERIM APPLICATION NO.1558 OF 2025 IN BAIL APPLICATION NO.1743 OF 2025 Mohammed Muneeb Abdus Saleem Sayyed .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents ....................

 Ms. Farhana Shah, Advocates for Applicant.

 Ms. Megha S. Bajoria, APP for Respondent No.1.  PSI - Rajesh Ahire, Kurla Police Station.

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

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 25, 2025 P.C.

:

1.

Heard Ms. Shah, learned Advocate for Applicant and Ms. Bajoria, learned APP for Respondent No.1.

2.

Applicant is arraigned as Accused in connection with C.R. No.49 of 2025 registered with Kurla Police Station for offences punishable under Sections 351(2), 352, 69 and 77 of the Bharatiya Nyaya Sanhita, 2023; 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and 66C, 66E, 67, 67A of the Information Technology Act, 2000.

3.

The Interim Application seeks release of Applicant on interim bail for attending his examination namely the T.Y.B. MMC. examination conducted by University of Mumbai for which examination timetable is appended at page No.15 of the Bail Application. The examination commences on 02.05.2025 and ends on 15.05.2025. The schedule of examination is reproduced as under:-

4.

Ms. Shah informs the Court that hall-ticket for examination shall be received by Applicant immediately before the examination and he undertakes to file a true copy of said hall ticket with concerned Investigating Officer.

5.

Learned APP has placed on record report dated 24.04.2025 to which there is a letter appended addressed by Principal of the college through which Applicant is going to appear for the University of Mumbai examination. In that letter it is stated that student admit hall- ticket for the said examination is not yet generated. In that view, the aforesaid direction is passed.

6.

Considering that the Applicant before the Court is a young offender as alleged by the prosecution, this Court is of the opinion that there should be not a disruption in his studies lest his entire year for keeping terms will get wasted.

7.

Applicant is in his final year of Bachelor of Arts in Multimedia and Mass Communication and is entitled and due to appear for his Semester - VI theory examination conducted by University of Mumbai scheduled from 02.05.2025 to 15.05.2025 and therefore an endeavour is made to ensure that he attends the said examination and also does well in the said examination. 8.

In view of the above prima facie observations, Interim Application stands allowed subject to following conditions:-

(i) Applicant shall be forthwith released on interim bail by concerned jail authorities;

(ii) The Superintendent of Mumbai Central Prison / in-charge of the said prison is directed by the Court to ensure that Applicant is released by today evening itself so that Applicant gets adequate time to prepare himself for examination which is commencing from 02.05.2025;

(iii) During the period of his release, Applicant is directed that during the date of his interim release on bail Applicant shall attend Investigating Officer to mark his presence on 28.04.2025; 30.04.2025; 03.05.2025 and 11.05.2025 at 10:00 a.m. He shall not leave the State of Maharashtra / Mumbai without leave of this Court;

(iv) Applicant is directed to surrender back on 16.05.2025 at 06:00 p.m. to the Mumbai Central Prison.

9.

The concerned Investigating Officer is directed to ensure that he does not detain Applicant for more time in Police Station on the date of his attendance when he goes for marking his presence considering that one of the reason for granting bail is that he need to study for his examination.

10.

It is clarified that release of Applicant is without condition, without any escort or without Applicant requiring to pay any amount on Interim Bail.

11.

All parties are directed to act on server copy of this order. 12.

Stand over to 19th May, 2025. To be placed under the caption 'For Compliance'.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.04.25 13:49:41 +0530 HARSHADA HANUMANT SAWANT