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Bombay High CourtABA/636/2022dismissed

Mubin Sagir Shaikh v. The State Of Maharashtra

2022-03-15Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.636 OF 2022 Mubin Sagir Shaikh ....Applicant

Versus

The State of Maharashtra .... Respondents ----- Mr. Siddharth Jaiswal, Advocate a/w. Mitali Devkar, for the Applicant.

Mr. Ajay Patil, APP for the Respondent-State. Mr. Dnyaneshwar Patil, PSI, Nehrunagar Police Station, Kurla (E), is present.

----- CORAM :SARANG V. KOTWAL, J.

DATE : 15th MARCH, 2022 [In Chamber at 4:30 p.m.] P.C. :

1.

The Applicant had earlier approached this Court vide Criminal Anticipatory Bail Application No.293/2022. On 11.2.2022, the following order was passed :

"1.

After arguing for some time, when I expressed my disinclination to grant relief, learned counsel for the Applicant prays for unconditional withdrawal of this application.

2.

Permission granted. Application is allowed

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to be withdrawn unconditionally and is disposed of as such."

2.

Today, learned counsel for the Applicant submits that he has preferred this fresh application on specific instructions from the Applicant that the Applicant is willing to deposit Rs.1,77,879/- before this Court.

3.

Learned APP, however, opposed this application and, on instructions of the investigating officer, submitted that the Applicant has six criminal antecedents as follows : i.

Antop Hill Police Station, C.R. No.203/2015 under Section 379 of IPC;

ii. Bhiwandi City police station, C.R. No.1188/2015 under Section 379 read with 34 of IPC;

iii. Bhayander police station, C.R. No.1113/2016 under Section 379 read with 34 of IPC;

iv. Nizampura police station, C.R. No.1182/2016 under Section 379 read with 34 of IPC;

v.

Pantnagar police station, C.R. No.75/2015 under Sections 379, 411 read with 34 of IPC; and vi. Andheri police station, C.R. No.125/2015 under Section 379 read with 34 of IPC.

4.

The report of the investigating officer addressed to the Public Prosecutor dated 15.3.2022 is taken on record and marked 'X' for identification.

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5.

In the background of the antecedents and also considering the fact that earlier anticipatory bail application was withdrawn unconditionally, I am not inclined to entertain this application. The Application is accordingly dismissed. (SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2022.03.15 18:23:02 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE Deshmane (PS)