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Bombay High CourtBA/1915/2023allowed

Wahid Badruddin Dafedar v. State Of Maharashtra

2023-08-30Hon'Ble Shri Justice M. S. Karnik3 pages

2023:BHC-AS:24880

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1915 OF 2023 WAHID BADRUDDIN DAFEDAR ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Satish J. Agarwal a/w Dhara Shah for the Applicant. Ms. Veera Shinde, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 30, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 408, 419, 420, 465, 467, 468, 471, 381 and 120(B) of the Indian Penal Code registered vide C.R. No.750 of 2021 with Malad Police Station. The First Information Report is dated 14/09/2021. The applicant was arrested on 30/09/2021.

3.

The applicant is the accused No.3. So far as the applicant is concerned, the allegation is that a bank account was opened in the name of the applicant which was 1/3

operated by the accused No.1 in which an amount of Rs.8,78,776/- (Rupees Eight Lakhs Seventy-Eight Thousand Seven Hundred Seventy-Six) was transferred. The main accused is accused No.1. Co-accused Nos. 2, 4, 6, 5 and 7 are already enlarged on bail. The accusations against the present applicant are similar to those of the co-accused who have been enlarged on bail.

4.

Learned counsel for the applicant relied upon the orders passed by this Court in Bail Application No. 924 of 2022, Bail Application No. 2251 of 2022 and Bail Application No. 2963 of 2022. The applicant is in custody for more than 1 year and 11 months. The investigation is complete and the charge-sheet is filed. There are no criminal antecedents reported against the applicant. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Wahid Badruddin Dafedar in connection with C.R. No. 750 of 2021 registered with Malad Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

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(c) The applicant shall report to the Investigating Officer of Malad police station as and when called. (d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and permanent residential address to the Investigating Officer and to the trial Court and shall be updated, in case there is any change.

5.

The application is disposed of.

(M. S. KARNIK, J.) 3/3