Faqeer Mohammed Maqbool Shaikh And ORS. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 456 OF 2021

1. Faqeer Mohammed Maqbool Shaikh

2. Mrs. Reshma Bee Faqeer Mohammed Shaikh

3. Sabah Faqeer Mohammed Shaikh

4. Nayeem Faqueer Mohammed Shaikh

5. Rais Faqueer Mohammed Shaikh ... Applicants v/s.

The State of Maharashtra and anr.

.... Respondents Mr. Rohan Surve i/b. Ms. Anjali R. Awasthi for the Applicants. Mr. R.M. Pethe, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 26th APRIL, 2023.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicants apprehending their arrest in M.E.C.R.No.01/2020 registered with B.K.C. Police Station, Mumbai for offences punishable under sections 141, 142, 143, 145, 146, 147, 148, 167, 168, 171, 323, 324, 354, 354B, 380, 467, 468, 471, 504, 506(2) r/w. 149 of the Indian Penal Code.

2.

Heard learned counsel for the Applicants and learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. 1/3

3.

The aforesaid crime was registered pursuant to the order passed by the learned Magistrate under section 156(3) of Cr.P.C. Considering the nature of accusations, this Court by order dated 04/11/2020 had granted interim protection to the Applicants. Learned APP states that the investigation is completed and charge sheet has been filed. 4.

Considering the said fact, the presence of the Applicants is no longer required for the purpose of custodial interrogation, the Application is allowed on the following terms and conditions :- (a) In the event of arrest of the Applicants in M.E.C.R.No.1/2020 registered with B.K.C. Police Station, Mumbai, they shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- each with one or two sureties in the like amount ;

(b) The Applicants shall report to the Investigating Officer as and when required by the Investigating Officer ; (c) The Applicants shall not interfere with the 2/3

complainant and the other witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner ;

(d) 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.

5.

The Application stands disposed of.

PREETI JAYANI (SMT. ANUJA PRABHUDESSAI, J.) by PREETI H JAYANI Date: 2023.04.29 14:50:12 +0530 3/3