Rizwan Sattar Dhuru v. The State Of Maharashtra

Sknair 917-aba-330-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 330 OF 2019 Rizwan Sattar Dhuru ... Applicant Vs.

State of Maharashtra ... Respondent ...

Mr. K.S. Labana for the applicant.

Mrs. A.A. Takalkar, APP for the Respondent-State. Mr. Abhijeet Patil, PSI, Ganeshpuri Police Station is present. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 7th FEBRUARY, 2019.

P.C.

1.

This is an application for anticipatory bail in connection with CR No. I-1 of 2019 registered with Ganeshpuri Police Station for the offence punishable under Sections 307, 411, 413 read with 34 of Indian Penal Code.

2.

Case of the prosecution is that the goods belonging to the complainant were entrusted to the driver of the complainant to be delivered from Wada to Goregaon. The driver of the complainant had allegedly tried to misappropriate the goods and tried to sell the same to the applicant and another person at Mahapoli, Tal Bhiwadi, Dist. Thane. It is alleged that goods were lying at the spot and before the driver could deliver the goods to the accused, vehicle was intercepted.

Sknair 917-aba-330-19.odt 3.

Admittedly, the goods were not parted to the applicant and the same was lying at the spot. According to the applicant there was dispute between the applicant and the son of the complainant as he had borrowed the money from the applicant. It is submitted that applicant had demanded the said amount which is evident from the call data records.

4.

Applicant was found at the place of incident. Considering the fact that nothing has to be recovered from the applicant and there are no criminal antecedents against the applicant, the case for grant of anticipatory bail is made out. Hence, I pass the following order.

ORDER

i.

In the event of arrest of applicant in connection with CR No. 1 of 2019 registered with Ganeshpuri Police Station, the applicant be released on bail on furnishing P.R Bond in the sum of Rs.25,000/- with one or more sureties in the like amount; ii.

Applicant shall report to the Investigating Officer of the concerned police Station on 13th February, 2019, 14th February, 2019 and 15th February, 2019 between 11 a.m. to 1 p.m. and thereafter as and when called for till filing of the chargesheet; iii.

Application stands disposed off.

( PRAKASH D. NAIK, J. )