Mohammed Saleem Naseer Shaikh @ Salim Mohammed Zaid v. The State Of Maharashtra
Mhi 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 498 OF 2015 Mohammed Saleem Naseer Shaikh @ Salim Mohammed Zaid ...
Applicant vs.
The State of Maharashtra ...
Respondent Mr. Hakim Salim A.R.Advocate,for the applicant. Mr. S.H.YaDAV, APP, for the State Mr. Ramesh Laxman Dhatavkar, P.I. Nizampura, Police Station present.
CORAM:
SMT.SADHANA S.JADHAV,J.
DATE : 18th June, 2015.
P.C.
Heard. This is an application under Section 438 of Cr.P.C. The applicant is apprehending his arrest in Crime No.47 of 2015 registered at Nizampura Police Station, Thane, for the offences punishable under Sections 420, 465, 468,471, 406 read with Section 34 of IPC. 2.
It is the case of the prosecution that on one Rehman Abdulwahid Momin lodged a report at the police station that he was acquainted with the present applicant. That the present applicant had introduced one Aarifa Shaikh and another lady to the doctor/complainant
Mhi 2 and had informed him that they helped people to obtain loans from Rajiv Gandhi Alpshankhyak Vikas Mandal. The Scheme was known as "Rahul Gandhi Alpshankhyak KarjYojna". They would give loan upto Rs.15 lakhs. The complainant had believed the applicant and had invested in the said Scheme in order to obtain loan for the minorities. It is pertinent to note that the applicant himself had invested about Rs.1,38,000/- in the said Scheme. That Aarifa Shaikh had given him a cheque in lieu of the said investment. The said cheque was dishonoured. 3.
According to the learned counsel for the applicant, the applicant has also been a victim of the act of Aarifa Shaikh. Be that as it may, it is apparent that the only role attributed to the present applicant is that he had introduced Aarifa Shaikh to the complainant. The learned counsel for the applicant submits that the applicant was also not aware that Aarifa Shaikh would cheat the doctor or the applicant himself. 4.
Looking into the facts and circumstances of the case and the submissions advanced across the Bar, this Court is inclined to grant prearrest bail in favour of the applicant.
Mhi 3 5.
The observations made hereinabove are prima facie in nature and shall not be considered for the purpose of quashing of FIR, or discharge application or at the time of trial.
O R D E R
(i) The application is allowed.
(ii) In the event of his arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
(iii) The applicant shall report to the concerned police station from 22nd June 2015 to 29th June, 2015 (both days inclusive) between 10 a.m. to 1 p.m. and co-operate with the investigating agency to the best of his capacity.
(iv) The Investigating Officer is at liberty to put a written questionnaire to the applicant.
Application is allowed in the above terms and disposed of. (SMT.SADHANA S.JADHAV, J.)