SAHIL RAHU GILANI vs STATE OF MAHARASHTRA AND ANR.

Judgment text excerpt

Gokhale 1 of 23 1-wp-2364-24+(J) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2364 OF 2024 Sahil Raju Gilani ..Petitioner Versus The State of Maharashtra & Anr. ..Respondents WITH INTERIM APPLICATION NO. 2483 OF 2024 …….. WITH INTERIM APPLICATION (ST) NO. 21832 OF 2024 IN CRIMINAL WRIT PETITION NO. 2364 OF 2024 __________ Mr. Aabad Ponda, Sr. Advocate a/w. Ms. Fazaa Shroff, Mr. D. V. Deokar, Sachin Pandey and Mustafa Shroff i/b. Ms. Fazaa Shroff for Petitioner. Mr. J. P. Yagnik, APP for State/Respondent. Mr. Harish Salve, Sr. Advocate (appeared through V.C.) a/w. Mrs. Taubon Irani, Danish Aftab Chowdhary and Shreyas Chaturvedi for the Respondent No.2. __________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ. RESERVED ON : 15 APRIL 2025 PRONOUNCED ON : 28 APRIL 2025 Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date: 2025.04.28 15:19:38 +0530 2 of 23 1-wp-2364-24+(J) ORDER: (Per Sarang V. Kotwal, J.) 1. This is a petition filed by the father of a girl child ‘S’ for the writ of Habeas Corpus. By way of interim order, the Petitioner has sought directions restraining the Respondent No.2 who is the mother of the child and the Petitioner’s wife from taking away the minor girl outside the territory of India. Another prayer in the nature of interim relief is for the directions regarding access of the minor girl. 2. Heard Mr. Aabad Ponda, learned Senior Counsel for the Petitioner, Mr. Yagnik, learned APP for the State/Respondent No.1 and Mr. Harish Salve, learned Senior Counsel for the Respondent No.2. 3. The facts mentioned in the petition are that the Respondent No.2 was born in Pakistan. She became an Indian Citizen on 07.06.1995 and she was issued an Indian Passport on 28.08.1995. After that, she surrende