Abdullah Bilal Sheikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2023.01.11 17:07:23 +0530 URMILA PRAMOD INGALE BAIL APPLICATION NO. 1516 OF 2022 Abdullah Bilal Sheikh ..Applicant VS.

The State of Maharashtra ..Respondent Ms. Meghna Gowalani, for the Applicant.

Ms. A. A. Takalkar, APP for the State.

Mr. Brijesh P. Shinde - API, Shil Daighar Police Station Thane City present.

CORAM : M. S. KARNIK, J.

DATE : JANUARY 11, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP.

2.

This is an application for bail in respect of C.R.No. 325/2021 dated 08/10/2021 registered with Shil Daighar Police Station for the offence punishable under sections 468, 419, 465, 467, 471, 420, 406, 34 of the Indian Penal Code, 1860.

3.

The FIR is registered on 08/10/2021. The chargesheet was filed on 10/12/2021. There are two accused in 1/4

all. Co-accused no.2 has been granted bail. It is the allegation that the applicant along with co-accused projected themselves to be the employees of the Torrent Power Company. They assured the consumers that they will ensure that their power bills are reduced and that the consumers will have to pay them directly at such a reduced rate. Accordingly, an amount of Rs. 2,67,000/- was collected from such consumers by the present applicant. Co-accused has not directly interacted with the consumers. The allegation is that applicant collected the money and handed it over to the co-accused. Further allegation is that cheque issued by the applicant to Torrent Power Company to the tune of Rs.19,00,000/- on behalf of these consumers have been dishonoured. The allegation primarily is collecting Rs.2,67,000/- from the consumers.

So far as the applicant is concerned, his bank account is seized and amount of Rs.1,73,000/- stands frozen. One second hand scooter purchased by the accused has been seized. The second hand IPhone-7 amounting to Rs. 30,000/- has been seized.

indicated the spot from where computer was seized on which forged receipts were prepared by him. The investigation is complete. The applicant is in custody since 08/10/2021. There are no criminal antecedents recorded against the applicant. As indicated earlier, the charge-sheet has been filed. Co-accused with a lesser role has been released on bail. No criminal antecedents are reported against the applicant.

4.

In the facts of the present, considering the nature of the allegations and the period spent in custody, even present applicant can be released on bail as trial is not likely to conclude any time soon. Hence, the following order.

O R D E R

(a) The application is allowed.

(b) The applicant -Abdullah Bilal Sheikh in connection with C.R. No. 325/2021 dated 08/10/2021 registered with Shil Daighar Police Station shall be released on bail on furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person 3/4

acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant should not tamper with evidence. (e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer of the concerned Police Station and shall keep him updated, if there is any change.

(f) The applicant shall attend the concerned Police Station once in a month on every Monday of the first week between 11.00 a.m. and 1.00 p.m.

5. The application is disposed of.

(M. S. KARNIK, J.) 4/4