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2025 DAILYLAW 77629 (BOM)

MOHAMMAD ALAUDDIN GAZI v. THE STATE OF MAHARASHTRA

BA/4584/2024 · 2025-12-12

Shri S M Modak

body2025

Judgment text

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26. BA 4584 OF 2024.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4584 OF 2024 Mohammad Alauddin Gazi …Applicant Versus The State of Maharashtra …Respondent None for the Applicant. Mr Tanveer Khan, APP for the Respondent-State. CORAM: S. M. MODAK, J. DATED: 12th DECEMBER 2025. PC:- 1. When the mater is called out in the first session, no one was present on behalf of the Applicant. That time learned APP submitted that in fact matter is pending for recording the statement under 313 of the Criminal Procedure Code. Matter was kept back and again called in second session. No one is present on behalf of the Applicant. 2. Even there is objection that application is not accompanied with certified copy of the order dated 07.08.2024. This offence under Section 3(a) and 6(a) of the Passport (Entry into India) Rules 1950 and under Section 3 (1) of Foreigners Order 1948 both Rules and Order under the Foreigners Act, 1946 and under Section 14 of the Foreigners Act, 1946. The learned APP has tendered copy of the roznama dated 05.12.2025. It is taken on record and marked as “Annexure-X”. It shows the stage of the case as Seema 12th DECEMBER 2025 SEEMA KSHITIJ YELKAR Digitally signed by SEEMA KSHITIJ YELKAR Date: 2025.12.15 14:06:48 +0530 26. BA 4584 OF 2024.DOC recording of the statement under Section 313 of the Criminal Procedure Code. There are more than one accused. If the case is fixed for recording of the statement under Section 313, there is no point for hearing the application on merits. This Court feels instead of deciding the application on merits, best course of action is to wait till conclusion of the trial. 3. In view of that the Bail application is dismissed. (S. M. MODAK, J.) { Seema 12th DECEMBER 2025