Sherali Zormohamed Khan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 742 OF 2020 Sherali Zormohamed Khan ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Ms. Shital Turakhia, Advocate for the Applicant. Mr. A. R. Kapadnis, APP for the Respondent - State. Mr. Nitin D. Sawant, H. C. Bangur Police Station. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 6th APRIL, 2021.

PC :

1.

The applicant is arrested on 13th November, 2019 in connection with C.R. No.398 of 2019, registered with Bangur Nagar Police Station, for the offence punishable under Section 392 of IPC. 2.

The case of the prosecution is that the applicant was working as Driver on the vehicle. It is alleged that on 13th November, 2019 the applicant ran away with the vehicle with an amount of Rs.78,16,974/-. Subsequently, the applicant was arrested. The entire amount has been recovered from the residence of daughter of the applicant.

3.

It is submitted that applicant is aged about 52 years. He is in custody for a period of about 1 year and 4 months. There are no

other criminal antecedents. The entire amount has been recovered. 4.

Learned APP submitted that the trial has commenced. Prosecution proposes to examine about 14 to 15 witnesses. 5.

Considering the fact that the entire amount has been recovered, and since the applicant is in custody for more than a year, bail can be granted.

6.

Hence, I pass the following order.

O R D E R

i) Bail Application No. 742 of 2020, is allowed; ii) The applicant is directed to be released on bail in connection with C.R. No. 398 of 2019, registered with Bangur Nagar Police Station on furnishing P.R. bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one or more local sureties in the like amount;

iii) The applicant shall report concerned police station once in three months on every first Saturday between 11.00 am. to 1.00 pm. till further order.

iv) The applicant shall attend Trial Court regularly on

the dates of hearing of the case unless exempted by the Court.

v) The applicant is permitted to furnish provisional Cash Bail Security in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety;

vi) Bail Application stands disposed of accordingly. (PRAKASH D. NAIK, J.)