Aktar Iqabal Akbar Mirza v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1372 OF 2021 Aktar Iqabal Akbar Mirza ..Applicant Vs.
The State of Maharashtra ..Respondent ---- Mr. M. J. Bhatt, for the Applicant.
Mr. A. R. Kapadnis, APP for the Respondent / State. ---- by MAMTA AMAR KALE Date:
2022.03.04 18:30:16 +0530 MAMTA AMAR KALE CORAM : C.V. BHADANG, J.
DATE : 4 MARCH 2022 P.C.
.
The Applicant alongwith co-accused, has been chargesheeted for the offence punishable under Section 489(A), 489(B), 489(C) and 489(D) r/w. 34 of IPC, arising out of Crime No.495/2020 of Police Station Pimpri, District Pune.
2.
I have heard the learned counsel for the Applicant and the learned APP. Perused record.
3.
It appears that on a prior information, a Swift Car was intercepted in which Accused Nos.1 and 2 were found to be in Mamta Kale page 1 of 3
possession of fake currency notes. During the course of the interrogation of the arrested Accused, the name of the present Applicant was disclosed and hence, the present Applicant was arrested on 20 August 2020. The only material against the Applicant apart from the statement of the co-accused is the recovery of a mobile phone of Samsung Company worth Rs.500/-. According to the prosecution, the Applicant had purchased tracing paper from one Hajafa Kagilwala, whose statement was recorded on 24 August 2020. I have gone through the same. It appears from the said statement that Police had taken the Applicant to the shop of Hajafa Kagilwala informing him that the Applicant and the coaccused has been arrested for manufacturing fake currency notes whereupon Hajafa Kagilwala asked the Applicant when the Applicant disclosed that about 6-7 months prior to 24 August 2020 he had purchased tracing paper which was given by the said witness. Except this, there are no other circumstances pointed out against the Applicant.
4.
The learned counsel for the Applicant states that the coaccused Suresh Patole who had disclosed the name of the Applicant has been released on bail by the learned Sessions Judge. 5.
Considering the over all circumstances, the following order is passed.
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ORDER
(i) The Criminal Bail Application is allowed.
(ii) The Applicant Aktar Iqabal Akbar Mirza, be released on bail in Crime No.495/2020 of Police Station Pimpri, District Pune, on executing a P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.
(iii) The Applicant shall undertake to remain present before the learned Sessions Judge during the course of trial, unless exempted.
(iv) The Applicant shall not directly or indirectly make any attempt to tamper with the prosecution evidence or witnesses.
C.V. BHADANG, J.
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