Amir Jikarali Daudani v. The State Of Maharashtra
1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 197 OF 2019 ALONGWITH CRIMINAL APPLICATION NO. 418 OF 2019 Madhuri Ashirwad Ringad @ Madhuri Bhimsingh Girase and anr.
.Applicants ...
v/s.
The State of Maharashtra .Respondent ...
ALONGWITH ANTICIPATORY BAIL APPLICATION NO. 308 OF 2019 ALONGWITH CRIMINAL APPLICATION NO. 417 OF 2019 Amir Jikarali Daudani .Applicant ...
v/s.
The State of Maharashtra .Respondent ...
**** Ms. Vrishali R. Raje, Advocate for the applicant in both the applications.
Mr. Ranjeet Prasad i/by. Dinesh Tiwari & Associates, Advocate for the Intervenor in APPP418-2019 and APPP-417-2019. Smt. Sharmila Kaushik, APP for the State.
2/5 CORAM : SANDEEP K. SHINDE, J.
Wednesday, 12 February, 2020.
P.C. :
1.
Apprehending arrest in Crime No.
233/2018 registered with Talasari Police Station for the offences punishable under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, these Applications are filed. 2.
On 30 th January, 2019 this Court had granted interim protection to the applicants and since then, from time to time, the matter was adjourned for one reason or another. It appears, time and again, intervenor had sought time. Be that as it may, even today, time is sought on behalf of the respondent, Intervenor.
3.
Heard learned Counsel for the applicants and learned APP for the State.
4.
Perused the final report.
3/5 5.
Prima-facie, it appears that the complainant had executed a registered sale-deed on 8 th February, 2013 in favour of the applicants in respect of lands described therein, upon certain terms and conditions. It further appears, this registered document had been acted upon by the revenue authorities for mutating names of the applicants in the revenue records after following due procedure. The grievance of the complainant is that consideration allegedly shown and received by him was infact not received and further that the internal page no.4 of the subject sale-deed had been interpolated. In view of this allegation, prosecution was directed to verify the authenticity of the sale-deed produced on record and more particularly, internal page-4 thereof. The learned APP, on instructions submits the contents of page-4 of the subject sale-deed produced on record, stands certified, as true and correct.
6.
Learned Counsel for the applicant has also produced on record, a certified copy of the sale-deed. I have perused it. Internal page-4
4/5 shows, amount was received by the complainant from the applicants towards agreed consideration.
Having regard to the facts of the case, nature of accusations and also since the investigation is complete and the trial is not likely to commence in the near future. Further this Court can, by imposing the conditions, secure the presence of the applicants for the trial.
7.
That for the reasons stated, in my view, further custodial interrogation of the applicants is not required. The Anticipatory Bail Applications are therefore granted.
8.
In the event of arrest of the applicants in C.R. No. 233/2018 registered with Talasari Police Station, they shall be released on bail on furnishing P.R. Bond of Rs.50,000/- each with one or two sureties in the like sum.
9.
The applicants shall attend the concerned Police Station as and when called.
10.
The applicants shall furnish the
5/5 particulars of their place of residence and contact details to the Investigating Officer of the Police Station concerned within seven days from today.
11.
The applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
12.
It is made clear that observations made hereinabove shall be construed as expression of opinion only for the purpose to grant bail and the same shall not in any way influence the trial in other proceedings.
(SANDEEP K. SHINDE, J.)