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Bombay High CourtABA/368/2018anticipatory bail rejected

Hasham Roshan Khan @ Hashim Pathan v. The State Of Maharashtra

2018-06-06Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

1 /2 921-ABA-368-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 368 OF 2018 Hasham Roshan Khan @ Hashim Pathan vs.

State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ritesh Ratnam i/by Omprakash Parihar for the Applicant. Smt.Rutuja Ambekar, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

06th June, 2018 P.C.

1.

The applicant is apprehending arrest in CR No.105 of 2018 dated 23.1.2018 registered with Trombay Police Station, Mumbai under Sections 135, 138 and 150 of the Indian Electricity Act, 2003. 2.

It is the prosecution case in brief that, the applicant by tampering with the electricity cables and after committing theft of electricity used to provide illegal connections to other needy persons hailing from lower economic strata of the society. The applicant is running a syndicate for the same in connivance with other accused persons. The applicant by providing unauthorized and illegal connections to the needy persons has caused wrongful loss

Nalawade A.S.

2 /2 921-ABA-368-18 approximately to the tune of Rs.3,42,549/- to the electricity company. The record indicates that the applicant by adopting such sort of illegal methods gave electricity connections to the needy persons.

3.

The allegation against the applicant is indubitably serious in nature. It appears that the applicant is the prime accused in the present crime and there is sufficient material on record to show his clear complicity in the crime.

4.

After taking into consideration the serious allegations made against the applicant and the gravity of the offence, this Court is of the view that the applicant does not deserve to be protected by pre arrest bail.

5.

Application is accordingly rejected (A.S. GADKARI, J.)