Asif Farid Khan v. State Of Maharashtra And ANR

by ARUNA SANDEEP TALWALKAR Date:

2025.06.27 21:08:09 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2429 OF 2025 Mr. Asif Farid Khan.

... Applicant.

Vs.

The State of Maharashtra & Anr.

... Respondents.

**** Mr. Fakhruddin Khan, Advocate for the Applicant. Mr. V.N. Sagare, APP for Respondent/State.

**** CORAM :

ASHWIN D. BHOBE, J.

DATE :

27 JUNE, 2025.

P.C. :

1.

Heard Mr. Fakhruddin Khan, learned Advocate for the Applicant and Mr. V.N. Sagare, learned APP for State. 2.

By the present Application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the Applicant is seeking regular bail in Crime No. 28 of 2023 registered at Guhaghar Police Station for the offenes punishable under Section 376, 376(2)(n) & 506 of Indian Penal Code and Section 4, 8, 12 of POCSO Act.

3.

Mr. Khan, learned Advocate for the Applicant states that the said Crime is registered as Special Case No. 13 of 2023 and is pending before the learned Special Judge, Chiplun.

4.

Mr. Sagare, learned APP points out to the order dated 23rd September, 2024 passed by this Court in Bail Application No. 3637 of 2023 at page 119, to submit that the Bail Application filed by the Applicant was dismissed on merits. He points out to paragraph-7 wherein this Court had granted the Applicant liberty to apply before the Trial Court for expeditious disposal of the trial. He submits that there are no change in circumstances for the Applicant to maintain the present bail application. 5.

Mr. Khan, learned Advocate for the Applicant states that though liberty was granted to apply for expeditious disposal of trial, no such request was made by the Applicant before the learned Trial Court. He on instructions from the Applicant states that the Applicant shall now apply for expeditious hearing before the learned Trial Court in terms of the liberty granted in paragraph-7 of the order dated 23rd September, 2024 passed in Criminal Bail Application No. 3637 of 2023.

6.

This Court having dismissed the Criminal Bail Application No. 3637 of 2023 on merits, no case is made out to entertain the present Application. Learned Advocate for the Applicant is unable to show any change in circumstances for maintaining the present Application.

7.

However, considering the request made by Mr. Khan,

learned Advocate for the Applicant that the Applicant shall now avail liberty granted to the Applicant by this Court in paragraph-7 of the order dated 23rd September 2024 passed in Bail Application No. 3637 of 2023, the Applicant is permitted to do so. 8.

Criminal Bail Application No. 2429 of 2025 is dismissed. (ASHWIN D. BHOBE, J.)