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Bombay High CourtABA/809/2025rejected

Akbarullah Barakatullah Khan And ANR v. State Of Maharashtra

2025-03-24Hon'Ble Shri Justice Rajesh S. Patil2 pages

17-aba-809-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.809 OF 2025 Akbarullah Barakatullah Khan And Anr ...Applicants

Versus

State Of Maharashtra

...Respondent

____________________________________ Adv. Heena Mushtaq Ahmed, Advocate for the applicants. Ms. Supriya Kak, APP for the State.

Adv. Genevieve Lobo a/w. Adv. Chinmay Sawant, Adv. Prathmesh Waikar, Adv. Mrunmayi Moholkar, Advocate for original complainant. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 24 MARCH 2025 P.C.:

1.

The learned Advocate for the Applicant seeks liberty to amend the Anticipatory Bail Applications and add the First Informant as a party Respondent No.2. Liberty is granted, as prayed for. 2.

Amendment to be carried out forthwith. It is made clear that if the amendment is not carried out, the anticipatory bail application will stand dismissed without further reference to this Court. 3.

The learned APP is directed to serve copy of the Application on Respondent No.2 through Investigating Officer. 4.

The learned APP submits that in an earlier FIR, where an Amol D. Nawale

17-aba-809-2025.doc offence under Section 302 of the Indian Penal Code, 1860 is involved, the son of the present applicants was granted bail as he was shown to be a minor. Consequently, the matter was referred to the Juvenile Court. However, it has now come to light that certain documents were forged to falsely show that the son of the present applicants was a minor at the relevant time. She submits that the offence is of a serious nature, therefore, no protection should be granted to the applicants.

5.

Stand over to 3 April 2025 under the caption "For Urgent Circulation."

6.

No protection is granted in view of the submissions made by the learned APP.

(RAJESH S. PATIL, J.) Amol D. Nawale