Mohammed Javed Moh. Yusuf Qureshi v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2887 OF 2021 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:
2022.09.23 18:54:12 +0530 WITH INTERIM APPLICATION NO.321 OF 2022 BALAJI GOVINDRAO PANCHAL Geeta Anil Shriram & Anr.
..Applicants
Versus
The State of Maharashtra ..Respondent AND ANTICIPATORY BAIL APPLICATION NO.3094 OF 2021 WITH INTERIM APPLICATION NO.322 OF 2022 Zuberahmed Munirahmad Qureshi ..Applicant
Versus
State of Maharashtra ..Respondent Mr. Ritesh Thobde, for the Applicants in ABA No.2887/2021. Mr. Rahul B. Vijaymane, for the Applicant in ABA No.3094/2021. Mr. N. B. Patil, APP for the Respondent/State. Mr. Rushikesh Kale, for the Intervenor.
CORAM : NITIN W. SAMBRE, J.
DATE : 19th SEPTEMBER, 2022 P.C.
1.
All these applicants are seeking pre-arrest bail in Crime No.529 of 2021 registered with Jail Road Police Station, Solapur for the offence punishable under Sections 420 and 120B of IPC. 2.
Case of the prosecution is, the complainant was
promised sanction and disbursement of loan, accepted commission, authored forged loan sanction documents as such committed offence in question. In ABA No.2887 of 2021, applicants are wife and son of the main accused - Anil. In ABA No.3094/2021, applicant appears to have introduced the complainant to the main accused Anil. As far as wife and son of main accused - Anil, who are applicants in ABA No.2887/2021 are concerned, but for allegation in the FIR, there is hardly any record particularly in the form of evidence to connect them, even remotely to the offence in question. Merely based on the allegation in the FIR, said persons cannot be termed as accused involved in the commission of financial offence. As such, case for confirmation of ad-interim protection ordered by this Court is made out.
3.
As far as accused - Zuberahmed is concerned, the role attributed to him is that of introducing the complainant to main accused - Anil. Even if it is claimed on record that said accused is beneficiary of the amount involved in the offence, there is no documentary evidence to infer such a fact against applicant. As such, the only allegation which can be substantiated against the said applicant is that of introducing the complainant to main accused - Anil. In the said eventuality, the accused - Zuberahmed at the most can be termed as a witness and not to be an accused in the offence. As such, ad-interim protection ordered by this Court on earlier occasion in these applications stand confirmed.
4.
In the event of arrest, applicants are directed to be released on bail on furnishing PR bond of 15,000/- each with one or more sureties in the like amount.
5.
Applicants shall neither influence the witnesses in any manner nor tamper with the evidence.
6.
Applicants shall attend the Investigating Officer from 26th September, 2022 to 30th September, 2022 between 10.00 a.m. to 12.00 noon and thereafter as and when directed. 7.
Both the applications as such stands disposed of. 8.
In view of disposal of both the applications, pending interim applications arising therein also stand disposed of. [NITIN W. SAMBRE, J.]