Applicant sought anticipatory bail in a Byculla Police Station FIR alleging stalking, obscene gestures and a doctored photograph displayed as his WhatsApp profile picture. Investigation nearly complete and the applicant undertook to surrender his phone and stay away from the victim; the Court granted anticipatory bail with conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Digitally signed by CHITRA CHITRA SANJAYSONAWANE SANJAYSONAWANE Date:2024.09.06 02:14:09 +0530
Chitra Sonawane.
10.aba2171-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Anticipatory Bail Application No.2171 of 2024
Mohd. Rizwan Shaikh Age: 49 years, Adult Indian Inhabitant of Mumbai, having his address at Haji Allana Chawl No.100, 2nd Floor, Room No.27, Victoriya Road, Mustafa Bazar, Mumbai – 400 010
... Applicant
v/s.
Ms Mehjabeen Qureshi, h/f. Raeesuddin Khan, for the Applicant. Mr Arfan Sait, APP, for Respondent No.1/State. None for Respondent No.2.
API Santosh Mundhe, Byculla Police Station, Mumbai, is present.
Coram : R.N. Laddha, J. Date : 3 September 2024
P.C. :
Heard Ms Mehjabeen Qureshi, the learned Counsel appearing on behalf of the Applicant and Mr Arfan Sait, the learned Additional Public Prosecutor for respondent No.1/State.
3 September 2024
Chitra Sonawane.
10.aba2171-24.doc
connection with CR No.0589 of 2023, registered with Byculla Police Station, Mumbai, for the offences punishable under Sections 354-D, 506, 509 of the Indian Penal Code (IPC) and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).
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indicates that the applicant persistently harassed the victim. The mobile phone purportedly used in the crime has not yet been recovered, necessitating the applicant’s custodial interrogation.
ORDER
(i) In the event of arrest, the applicant shall be released on bail in CR No.589 of 2023, registered with Byculla Police Station, Mumbai, on executing a PR Bond of Rs.50,000/- and furnishing one or more sureties in the like amount.
(ii) The applicant shall attend the concerned Police Station on 25, 26 and 27 September 2024, surrender his mobile phone to the investigating agency and cooperate with the investigation.
(iii) The applicant shall stay away from the victim and the witnesses and shall not enter into the
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1 issue framed by the court
Whether pre-arrest bail should be granted to the applicant accused of stalking and sexual harassment under IPC and Section 12 POCSO.
2 provisions across 2 enactments
Mohd. Rizwan Shaikh
The State of Maharashtra
XYZ
R.N. Laddha
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
