SHABIB AHMED MOMIN @ SHABIB AHMED GHULAM MOHD. MOMIN Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-11-12
HIGH COURT OF BOMBAY
Decided on November 08,2017

Shabib Ahmed Momin @ Shabib Ahmed Ghulam Mohd. Momin Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) The applicant / accused in Crime No.133 of 2017 registered with Police Station Bandra, for offences punishable under Sections 354 and 354A of the Indian Penal Code (IPC) and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act (POCSO Act), by this application, is seeking his release on bail, after filing of the charge-sheet.
(2.) Heard the learned advocate appearing for the applicant / accused. By showing the file of medical papers of the applicant / accused, the learned advocate argued that the applicant / accused is suffering from heart ailment. She further argued that identity of the present applicant / accused is in dispute as witnesses are referring the accused by name Shabbir Chacha and Shabib. The learned advocate further argued that medical history given to the attending Medical Officer is divergent and mother of the victim had spoken about penetrative sexual assault on the victim. With this, the learned advocate for the applicant / accused submitted that the applicant / accused is entitled for bail.
(3.) The learned APP opposed the application by pointing out statement of Bashir Ahmed, who is real brother of the present applicant / accused in order to demonstrate that there cannot be dispute in respect of identity of the applicant / accused as the perpetrator of the crime.;


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