Mudir Ahamad Khan v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.800 OF 2017 Mudir Ahamad Khan .Applicant Vs.

The State of Maharashtra .Respondent Mr.N.J.Mohite i/b. Mr.J.D.Mane, Advocate, for the Applicant Mr.Rajan Salvi, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

09.06.2017 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks pre-arrest bail in connection with C.R.No.50 of 2017 registered with the Solapur Taluka Police Station, District - Solapur, for the alleged offences punishable under Sections 420, 468, 471, 199, 200 r/w.34 of the Indian Penal Code and under Sections 3(a) & 6(a) of the Passport Act.

3.

Learned counsel for the Applicant submits that the Applicant was appointed as a Manager in Sonankur Export Pvt. Ltd. on 22.08.2016. He submits that the original Accused No.1 -

Rabbi Shikdar and the original Accused No.2 - Mohamad Rauf, both Bangladeshi nationals were working in the said Company and were appointed prior to the appointment of the Applicant as a Manager. He submits that the Applicant was only an employee and cannot be held responsible for the alleged offences. 4.

Learned APP states that custodial interrogation of the Applicant is not necessary. He submits that charge-sheet has been filed in the said case.

5.

Considering the statement made by the learned APP and the allegations leveled against the Applicant and the role attributed to the Applicant, the Application is allowed and the Applicant is granted pre-arrest bail on the following terms & conditions:- O R D E R (i) In the event of arrest, the Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(ii) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iii) The Applicant to cooperate with the conduct of the trial;

6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

Parties to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)