Vasim Isratullah Salmani v. The State Of Maharashtra

rpa 1/3 16 aba 512 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.512 OF 2021 Vasim Isratullah Salmani .. Applicant

Versus

State of Maharashtra .. Respondent ......

Mr.S.H. Pasi, Advocate for the Applicant.

Mrs.Anamika Malhotra, APP for the Respondent - State. PSI Sanjay Galve, Mumbra Police Station, District - Thane, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

MARCH 04, 2021.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.5 of 2021, registered with Mumbra Police Station, District-Thane, for the ofences punishable under Sections 389, 170, 171 read with 34 of Indian Penal Code ("IPC", for short). First Information Report ("FIR", for short) was registered on 3rd January, 2021.

Digitally signed by RajeP. Aher Date:

2021.03.09 14:31:01 +0530 RajeP.

Aher The case of the complainant is that on 2nd January, 2021, two unknown persons came to the shop of informant and showed him identity card of Anti Corruption department. They represented that they are employed with Anti Corruption

rpa 2/3 16 aba 512 2021.doc Department and that information is received that complainant is selling Gutkha in his shop. Hence, FIR was registered against him under Section 335 of IPC. They also stated that if he want to escape from this crime, he should pay Rs.1,00,000/-, to the applicant. The informant gave this information to his friend and police were called. Accused nos. 1 and 2 were arrested. The role that has been attributed to the applicant is that he was instrumental in providing them false identity card. The applicant is working in clean up division of Mumbai Municipal Corporation.

Accused nos.1 and 2 were arrested. They are granted bail. It is submitted that Section 467 of IPC is a bailable ofence. Applicant was not involved in extortion. He was not present alongwith the co-accused at the time of the incident. Considering the role attributed to the applicant, he need not be subjected to custodial interrogation. Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.512 of 2021, is allowed;

rpa 3/3 16 aba 512 2021.doc (ii) In the event of arrest of the applicant in connection with C.R.No.5 of 2021, registered with Mumbra Police Station, District-Thane, the applicant be released on bail on executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iii) The applicant shall report the investigating oficer on 15th and 16th March, 2021, between 11:00 a.m. to 01:00 p.m., and, thereafter, as and when called for, till the fling of the charge-sheet;

(iv) Anticipatory Bail Application No.512 of 2021, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)