Faizan Afzal Patel v. The State Of Maharashtra And ANR

906 & 907.ABA831&832_2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Vidya Amin CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 831 OF 2016 WITH ANTICIPATORY BAIL APPLICATION NO. 832 OF 2016 Faizan Afzal Patel ... Applicant Vs.

1.

The State of Maharashtra 2.

Sr. Inspector of Police, Vasai Police Station ...

Respondents Mr. Prakash V. Vare i/b. Ms. Prachita P. Vare, Advocate for the applicant. Mrs. P.P. shinde, APP for the State in ABA/831/2016. Mrs. Geeta P. Mulekar, APP for the State in ABA/832/2016. Mr. N.M. Sonawane, Police Constable, Vasai Police Station, Palghar. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 6th May, 2016.

P.C.:

These two Applications are filed by the applicant/accused, who is facing charges for the offences punishable under sections 379 r/w. 34 of the Indian Penal Code. In Anticipatory Bail Application No. 831 of 2016, the offence is registered at the instance of Richard Charli Bar in C.R. No. I-26 of 2016 with Vasai Police Station. In Anticipatory Bail Application No. 832 of 2016, the offence is registered at the instance of Regan Patrick Fernandes in C.R. No. I-27 of 2016 with Vasai Police Station. 2.

As per the case of the prosecution, the theft of two wheeler vehicles has taken place on 6th March, 2016 at Vasai, District Palghar. It is the case of the prosecution that the applicant/accused along with co-accused, 1 / 2

906 & 907.ABA831&832_2016.doc who is minor, has committed theft. The minor accused was arrested and released on bail. The two wheelers, i.e. stolen property, are recovered. 3.

The learned counsel for the applicant/accused has relied on the remand report and submitted that the two wheelers are recovered. It is a case under section 379 and therefore, the custody of the applicant/accused is not required.

4.

Learned APP opposed both the Anticipatory Bail Applicatins. 5.

Perused the order passed by the learned Sessions Judge rejecting the Anticipatory Bail Applications. There are two criminal antecedents of similar nature to the credit of the applicant/accused. Under such circumstances and considering the charges levelled against the applicant/accused, I am not inclined to grant Anticipatory bail to the applicant/accused. Both the Anticipatory Bail applications are rejected. (MRIDULA BHATKAR, J.) 2 / 2