Shadab Chand Shaikh v. The State Of Maharashtra And ANR

Mhi 1 ABA-777-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 777 OF 2015 WITH CRIMINAL APPLICATION NO. 483 OF 2015 Shadab Chand Shaikh ...

Applicant vs.

The State of Maharashtra & Anr.

...

Respondents Mr. Rishi Bhuta a/w Mr. Karnani,Advocate,for the applicant. Ms. Sonal Parab for the intervener.

Mr. S.H.Yadav, APP, for the State

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 17th June, 2015.

P.C.

Heard respective counsel.

2.

Upon perusal of the FIR, it appears that the brother of the applicant had obtained a job in the name of the present applicant and had misused the documents.

3.

The learned counsel for the applicant submits that if at all the said act is committed by the brother of the applicant, it is committed without the knowledge of the applicant and is not concerned with the said act of his brother since he is neither beneficiary of the job nor funds allegedly misappropriated. In view of this, the applicant deserves grant of

Mhi 2 ABA-777-15.sxw pre-arrest bail.

4.

The observations made hereinabove are restricted to the application under Section 438 of Cr.P.C. filed by the present applicant. The learned Sessions Judge shall not be influenced by the above observations while deciding the application for quashing of FIR or discharge application or at the time of trial.

O R D E R

(i) In the event of his arrest, the applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(ii) The applicant shall report to the concerned police station as and when called.

5.

Intervention application No. 483 of 2015 is heard, allowed and dispose of.

(SMT.SADHANA S.JADHAV, J.)