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Bombay High CourtABA/1716/2025rejected

Shailesh Khetsi Hariya v. State Of Maharashtra

2025-06-26Hon'Ble Shri Justice N. R. Borkar2 pages

Digitally signed by CHITRA SANJAY SONAWANE Date:

2025.06.26 15:17:02 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 913-aba-1716-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1716 of 2025 Shailesh Khetsi Hariya ...... Applicant.

Vs.

The State of Maharashtra ...... Respondent. --- Ms Padma Shelatkar for the applicant.

Mr YY Dabke, APP for respondent/State.

Mr Yousuf Khan for the intervenor.

API Vivek Pawar, Mahim police station.

--- Coram : R.N.Laddha, J.

Date : 26 June 2025.

P.C. :

The learned Counsel for the applicant submits that the applicant has been in continuous and peaceful possession of the disputed shop premises for the past fifteen years. He further submits that there has been an inordinate and unexplained delay in lodging the FIR. According to him, this delay casts serious doubt on the veracity and bona fides of the allegations made in the FIR. Moreover, the dispute in question is predominently civil in nature, arising out of issues related to possession and ownership, rather than Page No. 1 of 2 ____________________________________________ 26 June 2025

Chitra Sonawane 913-aba-1716-2025.doc constituting a cognizable criminal offence warranting police investigation.

2.

Mr Yousuf Khan appears on behalf of the first informant and seeks time to file the intervention application.

3.

By consent stand over to 31 July 2025.

4.

There shall not be any coercive action against the applicant in the present crime till the next date. [R. N. Laddha, J.] Page No. 2 of 2 ____________________________________________ 26 June 2025