Sanah Ibrahim Shaikh And Ors vs Mehandi Kasim Jenul Abidin Shaikh ...
2022 Latest Caselaw 10066 Bom

                                                                          13.IA.806.2022.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
UMESH                                  CRIMINAL APPELLATE JURISDICTION
SHRINIWAS
MALANI
Digitally signed by
UMESH SHRINIWAS
MALANI
                                   INTERIM APPLICATION NO. 806 OF 2022
                                                    IN
Date: 2022.10.03
10:15:13 +0530



                                  CRIMINAL APPLICATION NO. 1304 OF 2016

                      Sanah Ibrahim Shaikh And Ors.           ...Applicants

                              Versus

                      Mehandi Kasim Jenul Abidin Shaikh
                      @ Mehandi Kasam Shaikh @ Bangali Baba
                      And Anr.                            ...Respondents

                                                     WITH
                                       CRIMINAL APPEAL NO. 365 OF 2016

                      Mehandi Kasim Jenul Abidin Shaikh
                      @ Mehandi Kasam Shaikh
                      @ Bengali Baba                          ...Appellant

                              Versus

                      The State Of Maharashtra                ...Respondent

                                                   WITH
                                  CRIMINAL APPLICATION NO. 1130 OF 2016
                                                    IN
                                     CRIMINAL APPEAL NO. 365 OF 2016

                      Mehandi Kasim Jenul Abidin Shaikh
                      @ Mehandi Kasam Shaikh
                      @ Bengali Baba                          ...Applicant

                              Versus

                      Sanah Ibrahim Shaikh And Ors            ...Respondents

                                                   WITH
                                  CRIMINAL APPLICATION NO. 1304 OF 2016
                                                    IN
                                     CRIMINAL APPEAL NO. 365 OF 2016

                      Sanah Ibrahim Shaikh And Ors            ...Applicants

                      Umesh                                                     Page 1   of 3
                                                      13.IA.806.2022.doc




        Versus

The State Of Maharashtra                ...Respondent

                           ***

 Mr. Sumant Deshpande for Applicant in IA/806/2022 & IA/1304/2016.

 Mr. Kartik Garg for Applicant in APPA/1130/2016 & Criminal Appeal No. 365/2016.

 Ms. P. P. Shinde, APP for Respondent - State.

***

CORAM : PRASANNA B. VARALE & N. R. BORKAR, JJ DATE : SEPTEMBER 30, 2022

PER COURT :

1. Perusal of the judgment and order,

particularly paragraph 316, shows that certain jewelry

items and other articles like laptop and mobile were

identified by the mother of the victims were given to

them. As the accused failed to provide any explanation,

the learned Additional Sessions Judge, City Civil and

Sessions Court, Greater Mumbai arrived at a conclusion

that the amount and the property recovered from the

accused is extorted from the Applicant. Accordingly,

the amount was directed to be deposited in the bank so

as to give it to all victim girls i.e., PW 1 to PW 6 in

equal shares.

Umesh Page 2 of 3

13.IA.806.2022.doc

2. Learned APP, on instructions, submitted that

the amount was deposited in the bank account in fixed

deposit and was renewed from time to time. The copy of

the said certificate issued by the bank is taken on

record and marked 'X' for identification.

3. Perusal of this certificate shows that the

date of maturity of the fixed deposit is 10 th February,

2023.

4. List the Appeal for hearing in the week

commencing from 14th November, 2022.

(N. R. BORKAR, J.)                     (PRASANNA B. VARALE, J.)




Umesh                                                        Page 3   of 3