Shahrukh Majjid Mahadkar vs State Of Maharashtra And Anr
2023 Latest Caselaw 11345 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                INTERIM APPLICATION NO.3136 OF 2023
                               IN
                  CRIMINAL APPEAL NO.692 OF 2019

Shahrukh Majjid Mahadkar                             .. Appellant
                  Versus
State of Maharashtra and anr                         .. Respondents
                                         ...

Ms.Akshata Desai a/w Ms. Sakshi Jha i/b Mr. Nitin Sejpal for the
applicant.
Mr. Y.M. Nakhwa, APP for the State.

                            CORAM: BHARATI DANGRE, J.

DATED : 4th NOVEMBER, 2023 P.C:-

1 The Investigating Officer as directed by earlier order, has made necessary inquiry from the employer, who has offered him an employment as a driver on their letter head and the PI of Roha Police Station has addressed a communication to APP on 2/11/2023, wherein he has affirmed that the appointment order is issued by Wadha Al-Mutairy Est Kuwait and the appointment letter is genuine. The copy of the said communication tendered by the APP is taken on record and marked as 'X' for identification.

2 The learned APP would however submit that there is one more offence in form of CR. No. 105 of 2015 registered with the Roah Police Station, which has invoked Section 37 (1)(3), of the Maharashtra Police Act, 1951, Section 143 of IPC and 137 of Mumbai Police Act.

Ashish





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On the charge-sheet being filed the case is presently pending as Case No. SC 241 of 2016 before the Magistrate, Roha.

Let the applicant therefore, file an undertaking that though he may be permitted to take the job, which is offered to him, he shall face the consequences of the impugned judgment and undergo the sentence, if the same is upheld by the high Court and he shall also undertake to attend the trial in SC case No. 241 of 2016 before the Magistrate, Roha as and when the dates are intimated to him.

Let the undertaking be filed on an affidavit on or before 7/11/2023. List on 9/11/2023.

( SMT. BHARATI DANGRE, J.)

Ashish