Mohamed Yasin Mustak Husain v. The State Of Maharashtra

JAYARAJAN ANJAKULATH NAIR Date: 2021.10.30 18:00:06 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 38 ABA-444.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.444 OF 2020 Mohamed Yasin Mustak Husain ..

Applicant Vs.

The State of Maharashtra ..

Respondent ...

Mr. S.V. Marwadi i/b Mr. N.M. Nadar for the applicant. Mr. S.H. Yadav, A.P.P. for the State.

Mr. Aandhale, API attached Bangurnagar Police Station, Mumbai, is present in the court.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 30TH OCTOBER, 2021.

P.C:- 1.

Heard Mr. Marwadi, learned counsel for the applicant and learned A.P.P. for the State.

2.

The applicant is admitted to protection by order dated 24/02/2020. In the order, it is recorded that the applicant's wife is the prime accused in the subject crime, wherein it is alleged that she had forged a valuable security, a document whereby AJN

2/2 38 ABA-444.20.odt non-subsisting legal rights were created for the consideration. On completion of investigation, the final report is filed against the wife wherein, no role has been attributed against the applicant.

3.

My attention is invited to the charge-sheet, which sets out the charges against the wife and, the applicant, who is her husband, is only attributed to the role of receiving the amount towards consideration on the basis of the documents, which are alleged to have been forged by the wife.

4.

Considering the aforesaid, the applicant was granted protection from arrest and since the prosecution is not able to make a case, seeking custody of the applicant after a lapse of period of 11⁄2 years and since it is not their case that the applicant has not co-operated during the investigation, I deem it appropriate to confirm the order dated 24/02/2020 subject to the stipulation that the applicant would continue to render his cooperation in investigation. 5.

The application is disposed of.

[SMT. BHARATI DANGRE, J.] AJN