Mustaq Mohd. Harun Shaikh And ANR v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1691 OF 2022 Mustaq Mohd.Harun Shaikh & Anr ..

Applicant

Versus

The State of Maharashtra ..

Respondent WITH ANTICIPATORY BAIL APPLICATION NO.1692 OF 2022 Jamaluddin Hamayatali Shaikh ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.A.R. Gole for the applicant in both matters. Mrs.Anamika Malhotra, APP for the State.

IO Shri B.B. Musale from Arnala police station. CORAM: BHARATI DANGRE, J.

DATED : 27th JUNE, 2022 P.C:- In the wake of the accusations faced by the applicants in C.R.No. I-21/2022 with Arnala police station, invoking Sections 420, 465, 467, 468, 471 r/w Section 34 of the IPC and Section 82 of the Registration Act, 1908, the learned APP, on instructions of the Investigating Officer, who is present in the

2/3 9 10 ABA 1691-1692-22.doc Court, make a specific statement that since no financial loss has been caused to any person and since the partner Sajesh Madhukar Chaudhary do not dispute the retirement deed, the custodial interrogation of the applicant Mushtaq (accused no.1) who signed on the documents, accused no.2 Muskan, the Power of Attorney holder and accused no.4, who has signed as witness is not warranted.

The applications deserve to be allowed subject to the stipulation that the applicants shall render their co-operation to the Investigating Officer in completing the investigation and report to him as and when called for. Hence, the following order :-

O R D E R

(a) In the event of their arrest, the Applicant no.1 Mustaq Mohd.Harun Shaikh and applicant no.2 in ABA 1691/2022 and applicant Jamaluddin Shaikh in ABA No.1692/2022 in connection of C.R.No.21/2022 registered with Arnala police station shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- each with one or two sureties of the like amount.

(b) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to

3/3 9 10 ABA 1691-1692-22.doc dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(c) The Applicants shall make themselves available as and when required by the Investigating Officer. Applications are allowed in the aforestated terms. ( SMT. BHARATI DANGRE, J.)