Faisal Nisar Shaikh v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.03.18 10:26:35 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 587 OF 2025 Faisal Nisar Shaikh ..... Applicant

VERSUS

State of Maharashtra & Anr.

..... Respondents Mr. Meghashyam Kocharekar for the Applicant.

Mr. Anand S. Shalgaonkar, A.P.P. for the State. Mr.Buddhabhushan Rajratna for the Respondent No.2. Mr. Shivaji Patil, A.P.I., Bhoiwada Police Station present. CORAM : RAJESH S. PATIL, J.

DATE : 17th MARCH, 2025 P.C. :- Mr.Kocharekar, learned counsel appearing for the applicant submits that the alleged incident about miscarriage of the first informant due to alleged beating of the present applicant is stated to have been occurred on 29th August, 2024. As per the FIR the said offence has occurred at night 2:00 a.m. which is at page no. 17 of the present proceedings. The FIR has been lodged on 6th February, 2025 at 18:51 hours.

2.

He submits that contrary to the same, the notice issued on 19th September, 2024 by the advocate appearing on behalf of the first

2/3 informant, a copy of the said notice is attached at page nos. 43 to page

46. At page no. 45, the incident of 29th August, 2024 has been narrated and the time stated is afternoon 2:00 p.m. He submitted that even the photographs of the Bar Room of 29th August, 2024 at 13:42 hours, 14:01 hours and 15:26 hours have been enclosed to page nos.40 to 42, which shows that the applicant was present in the Bar Room at Bhiwandi Sessions Court. He submitted that in view of the same, it can be clearly seen that the first informant has made false allegations in FIR. He submits that no doubt, there is matrimonial dispute between the applicant and the first informant. However, the allegations on the basis of which the FIR has been lodged, the applicant needs to be protected as there is defence of alibi also. He submits that the Sessions Court though agreed with the argument of the applicant as regards alibi but however came to the conclusion that the defence of alibi cannot be considered at the stage of preliminary enquiry. He submitted that if there is defence of alibi, it is a very good ground of pre-arrest bail be granted.

3.

The learned A.P.P. submits that they have recorded the say of Dr.Deshmukh (gynecologist) of Civil Hospital, Thane. He submits that the said report states that the first informant mentions about she being

3/3 pregnant of one and half months. He further stated that though the first informant was directed to do various tests including sonography, the first informant except doing sonography, did not perform any other test. Based on the same, it could not be verified whether the first informant was pregnant or not ?.

4.

Mr.Buddhabhushan Rajratna, learned counsel submits that he has been instructed to appear on behalf of the first informant and need some time to file his Vakalatnama and make his submissions. 5.

A week's time is granted to the advocate to file his Vakalatnama. Stand over to 24th March, 2025. Matter to come up under the caption of 'Urgent Circulation'.

6.

In the meantime, no coercive steps be taken against the applicant by the Investigating Officer. However, the investigation can proceed further and if the Investigating Officer wants to file chargesheet, the same can be done. 7.

The applicant is directed to attend the office of the Investigating Officer of the concerned Police Station for recording of statement on 20th March, 2025 between 11:00 a.m. to 1:00 p.m. [RAJESH S. PATIL, J.]