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Bombay High CourtABA/600/2022disposed off

Asif Shafik Shaikh And ANR v. The State Of Maharashtra

2022-03-14Hon'Ble Shri Justice C.V. Bhadang3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 600 OF 2022 Asif Shafik Shaikh and Anr.

..Applicants V/s.

The State of Maharashtra ..Respondent ---- Mr. Balasaheb Deshmukh for the Applicants.

Mr. R.M. Pethe, APP for the Respondent/State. ---- CORAM : C.V. BHADANG, J.

SNEHA NITIN CHAVAN SNEHA NITIN CHAVAN Date: 2022.03.19 10:40:47 +0530 DATE : 14 MARCH 2022 P.C.

1.

The Applicants are (Accused Nos. 4 and 5) apprehending their arrest, in connection with the investigation of Crime No.1164 of 2021registered with Kondhwa Police Station, Dist. Pune under Section 420, 448, 452, 509, 323, 504, 506 read with Section 34 of IPC, are seeking anticipatory bail. 2.

Heard learned counsel for the parties. Perused record. 3.

The dispute appears to be pertaining to Flat No.7 at Golden Park Building behind Unity Park at Kondwa, Pune. Sneha Chavan page 1 of 3

4.

The learned counsel for the Applicants submits that the only allegation against the Applicants is that they threatened the informant. He submitted that the Applicants are neither the owners, nor the purchasers and have no concern with the flat. 5.

The learned APP submitted that having regard to the specific statement made on behalf of the Applicants, the Applicants may be directed to join the investigation. 6.

In such circumstances, the following order is passed:

ORDER

i) In the event of their arrest, in connection with the investigation of Crime No. 1164 of 2021 registered with Kondhwa Police Station, Dist. Pune, Applicant No.1 Asif Shafik Shaikh, Applicant No.2 Sahida Begum Shafik Shaikh, shall be released on bail on executing a PR Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.

ii) The Applicants shall report to the Investigating Officer on 21 and 22 March 2022 between 11.00 a.m. to 1.00 p.m. and as and when required by the Investigating Officer. iii) The Applicants shall co-operate with the Investigating Agency and shall not tamper with the prosecution evidence/witnesses.

Sneha Chavan page 2 of 3

iv) The Applicants shall not interfere with the possession of the said flat in any manner.

v) The criminal application is disposed of in the aforesaid terms.

(C.V. BHADANG, J.) Sneha Chavan page 3 of 3