Farheen Taukir Khan vs Shahnawaz Mohamed Yusuf And Anr
2024 Latest Caselaw 7053 Bom

Bombay High Court

Farheen Taukir Khan vs Shahnawaz Mohamed Yusuf And Anr on 5 March, 2024

Author: Sarang V. Kotwal

Bench: Sarang V. Kotwal

                        Gokhale                         1 of 2                       praecipe-appp-901-18


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION


                                     CRIMINAL APPLICATION NO. 901 OF 2018
                                                       IN
                                  ANTICIPATORY BAIL APPLICATION NO. 235 OF 2017

                      Farheen Khan                                                 ..Applicant

                      In the matter between:

                      Shahnawaz "Daudo" alias
                      Shanawaz "Shaikh"                                            ..Applicant.
                           Versus
                      The State of Maharashtra                                     ..Respondent
                                                         _____

                      Ms. Farheen Khan (Applicant in person) present.
                      Mr. Avinash A. Naik, APP for State/Respondent.
                                                    _____

                                                       CORAM :- SARANG V. KOTWAL, J.

DATE :- 5 MARCH 2024 P.C. :-

1. A praecipe is moved in Criminal Application No.901 of

2018 in the matter of A.B.A.No.235 of 2017. Basically, the

applicant wants cancellation of anticipatory bail granted to the

original applicant in the A.B.A.No.235 of 2017. The anticipatory

bail was granted by his Lordship Justice A. S. Gadkari vide the

Digitally order dated 15.12.2017. Learned counsel for the applicant submits signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date:

2024.03.05 15:09:15 +0530

2 of 2 praecipe-appp-901-18

that, she wants cancellation of bail on merits, as well.

2. The Hon'ble Supreme Court in the case of Himanshu

Sharma Versus The State of Madhya Pradesh1 has observed that

the application for cancellation of bail on merits should be placed

before the same learned Judge who had granted bail. This

observation is made in paragraphs 13 and 14 of the said

Judgment.

3. Therefore, office to verify this position and place the

matter before the appropriate bench. Once the office takes a

decision to place this matter before the appropriate bench, liberty

is granted to the present applicant to mention before that bench.

(SARANG V. KOTWAL, J.)

1 SLP (Cri.) No. 786 of 2024, decided on 24.02.2024.