Shoaib Gulam Abbas Syed vs The State Of Maharashtra
2022 Latest Caselaw 12362 Bom

                                                              26--revn-297-2021.doc


 Ghuge
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

           CRIMINAL REVISION APPLICATION NO.297 OF 2021

 Shoaib Gulam Abbas Syed                        ... Applicant
            V/s.
 The State of Maharashtra                       ... Respondents

 Mr. Shehzad Naqvi a/w Ms. Sana A. Samad for the
 applicant.
 Mr. Mateen Shaikh for Respondent No.2.
 Mr. R.M. Pethe APP for the State.


                               CORAM     : AMIT BORKAR, J.

                               DATED     : NOVEMBER 29, 2022
 P.C.:

1. The order impugned is rejection of application for discharge filed by the petitioner. The petitioner has been prosecuted for offences punishable under Sections 376, 354(C), 313, 342, 323, 506, 509 read with 34 of the Indian Penal Code, 1860. After considering the material on record, following factual scenario appears.

a) That the relationship between the informant and the petitioner was consensual in nature;

b) The informant and the petitioner were in relationship for period of more than four (4) years;

c) It is only when in the year 2018, the petitioner expressed his disinclination to marry the informant, she filed First Information

26--revn-297-2021.doc

Report against the petitioner.

2. Prima facie, the issue involved is covered by the Judgment of the Apex Court in the case of Pramod Suryabhan Pawar Vs. The State of Maharashtra reported in (2019) 9 SCC 608.

3. Arguable questions are raised. Hence, Rule.

4. There shall be interim relief in terms of prayer clause (b).

(AMIT BORKAR, J.)