Shaikh Altaf Hussain Abdul Malik And ANR v. The State Of Maharashtra

2023:BHC-AS:23252-DB 14-aba-1011-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1011 OF 2023 1.

Shaikh Altaf Hussain Abdul Malik 2.

Shaikh Jhiya Ahmed Abdul Malik ...Applicants V/s.

State of Maharashtra

...Respondent.

Mr. Ravi Jadhav i/b Mr. Sachin N. Deokar for the Applicants. Mr. A.A. Palkar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

10.04.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicants are apprehending their arrest in Crime No.258 of 2023 registered at Kondhwa Police Station, Pune for the ofences punishable under Sections 406, 420, 468, 4744, 120B,, 506 read with 34 of the Indian Penal Code.

3.

I have heard the learned counsel appearing for the applicants and the learned APP for the respondent / State. 4.

According to the complainant, the present applicants and other coBaccused are trying to grab the land owned by him to the extent of 3 R by preparing false documents.

5.

It appears that in relation to disputed land, the applicants have fled the suit for declaration and injunction and the Civil Dinesh S. Sherla 1/2

14-aba-1011-23.doc Court has allowed the application fled by the applicants for temporary injunction. The dispute between the parties, therefore, appears to be of purely civil nature. In that view of the matter, I am inclined to release the applicants on anticipatory bail. In the result the following order is passed.

ORDER

A) The Application is allowed.

,) In the event of arrest of the applicants in C.R. No. 258 of 2023 registered at Kondhwa Police Station, Pune for the ofences punishable under Sections 406, 420, 468, 4744, 120B ,, 506 read with 34 of the Indian Penal Code, they shall be released on bail on executing P.R ,ond in the sum of Rs.25,000/B (Rupees Twenty Five Thousand) each with one or two sureties in the like amount.

C) The applicants shall attend the concerned police station as and when called by the investigating ofcer and shall coB operate in the investigation.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2