Javed Ahmed Fateh Mohd Shaikh And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1001 OF 2023

1. Javed Ahmed Fateh Mohd Shaikh

2. Arif Jan Mohammed Shaikh

3. Iqbal Hanif Shaikh

4. Mobin Ahmed Jan Mohd. Shaikh ...Applicants

Versus

The State of Maharashtra

...Respondent

...

Mr. Prashant Aher with Mr. Vishal Deshmukh i/b. Mr. Khalid Shaikh for the Applicant.

Mr. S.V. Gavand, APP for the Respondent-State. Mr. Sawant, PSI, Nirmal Nagar Police Station, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th APRIL, 2023.

P. C. :- 1.

This is an application for pre-arrest bail filed by the aforesaid Applicants apprehending their arrest in C.R. No.164 of 2023 registered with Nirmal Nagar Police Station, Mumbai, for the offences punishable under Sections 143, 144, 146, 147, 148, 323, 324, 341, 452, 504 and 506 r/w 149 of the IPC.

2.

Heard Mr. Shaikh, learned counsel for the Applicants and Mr. Gavand, learned APP for the Respondent-State. I have perused the records and considered the submissions advanced by the learned 1/3

counsel for the respective parties.

3.

The FIR prima facie reveals that the Applicants and others had gone to the house of the Complainant and assaulted and abused him over an accident between the vehicle of the Complainant and the Applicant No.2. All the offences except the offence under Sections 452 of the IPC are bailable.

4.

By order dated 06/04/2023 this Court had granted interim bail to the Applicants and they were directed to report to the Investigating Officer. Learned APP states that the Applicants have reported to the Investigating Officer and that they have been interrogated. He states that presence of the Applicants is not required for custodial interrogation.

5.

Hence, the interim relief is confirmed. The Applicants shall report to the concerned Investigating Officer as and when required by the Investigating Officer.

6.

The Applicants shall not tamper with the prosecution evidence and or influence the witnesses in any manner. 2/3

7.

The Applicants shall keep the Investigating Officer informed of their current address and mobile contact numbers, and /or change of residence or mobile details, if any, from time to time. 8.

The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:

2023.04.25 14:27:09 +0530 MEGHA S PARAB 3/3