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Bombay High CourtIA/1043/2022disposed off

Raju @ Haidar @ Mohammed Shahid Mohammed Ibrahim Khan v. State Of Maharashtra

2022-09-06Hon'Ble Smt. Justice Bharati Dangre2 pages

(2)IA-1043-2022.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1043 OF 2022 IN BAIL APPLICATION NO.3452 OF 2019 Raju @ Haidar @ Mohammed Shahid ] Mohammed Ibrahim Khan ] ..

Applicant vs.

State of Maharashtra ] ..

Respondent Ms.Misbah Solkar i/b Amin Solkar, for the Applicant. Ms.Veera Shinde, APP for the State.

API V.S. Shirsat, attached to Narpoli Police Station, Bhiwandi present. CORAM :

BHARATI DANGRE, J DATE :

6th SEPTEMBER, 2022.

P.C.

1] The Applicant was released on bail on 26.02.2021 subject to condition imposed upon him to furnish one or more local sureties for the amount of Rs.50,000/-. The said order was subsequently modified on 24.05.2022 since the Applicant made a plea before the Court that he is permanent resident of Bihar and it is not possible for him to furnish local sureties furnished. The local sureties furnished by him were not accepted by the Sessions Judge, Thane and that is the precise reason why he had to be detained further. 1/2

(2)IA-1043-2022.doc 2] Statement is made that the Applicant is ready to furnish surety of his wife and one person who are residents of Bihar. 3] The Investigating Officer was directed to ascertain credentials of the sureties and to submit before this Court. 4] Accordingly, the Investigating Officer has carried out further investigation and recorded statement of both the sureties. 5] The Investigating Officer has recorded statement of wife of Applicant Afrin Khan and copy of her Adhaar Card is also produced on record.

Apart from this, another person Mohammed Wasim, who is ready to stand as surety and even copy of his Aadhaar is also produced on record.

6] Apart from this, as far as Mohd. Vasim is concerned, he has also produced on record the land revenue receipt. The identity of both the sureties has been verified by the Investigating Officer and he express apprehension that Mohd. Vasim did not have a permanent address. It can be seen that his Adhaar Card bear an address of Menger, State of Bihar and therefore, I do not think that there is any difficulty on the part of the Investigating Officer to accept the said sureties in terms of directions issued by this Court.

7] With the above observations and directions, Interim Application is disposed off.

[BHARATI DANGRE, J] 2/2