Azara Shahnawaz Shaikh v. The State Of Maharashtra And ANR

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1105 OF 2018 Azara Shahanwaz Shaikh ..Applicant Vs The State of Maharashtra & Anr.

..Respondents ----- Mr. Devyani Kulkarni for applicant.

Mr. S.S. Hulke, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 22nd November 2018.

P.C.:

1] By an Order dated 12th June 2018, the applicant was granted interim relief.

2] Heard the learned Counsel for the applicants and the learned APP. Perused the record.

3] It is the prosecution case that, the applicant by submitting false caste certificate procured admission in Government Medical College at Miraj, District-Sangli. The Caste Scrutiny Committee informed the concerned college that the caste certificate submitted by the applicant is a bogus certificate. In pursuance of report submitted by the Caste Scrutiny Committee, the Government Medical College, Miraj cancelled the admission 1/3

of the applicant on 6.4.2018. The present crime is registered at the instance of Professor attached to the said Medical College on 12.4.2018. 4] Undoubtedly the allegations against the applicant are serious in nature. The applicant by submitting bogus caste certificate has procured an admission in the medical college for M.B.B.S. Course. The first information report filed by Shri Sadiqali Abbasali Sayyed, Assistant Professor, Grant Medical College is self-eloquent.

5] After taking into consideration the peculiar facts of the present case, and taking into consideration the age of the applicant and since admission of the applicant has already been cancelled, this Court is of the view that, the applicant can be granted pre-arrest bail: Hence the following Order:- i] In the event of arrest in CR No. 98 of 2018 registered with the Mahatma Gandhi Chowk Police Station, District- Sangli, the applicant be released on bail on his furnishing PR bond in the sum of Rs.25,000/- with one or two solvent local sureties in the like amount. ii] Applicant shall attend the Investigating Officer as and when called between 10.00 a.m and 12.00 noon for after receipt of notice in writing from the concerned Investigating Officer till submission of final 2/3

report iii] Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

6] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3