Javed Rukmoddin Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1300 OF 2020 Javed Rukmoddin Shaikh ... Applicant

Versus

The State of Maharashtra ... Respondent .....

Mr. Shadab B. Khopekar, for the Applicant.

Mrs. M. R. Tidke, APP for the Respondent - State. .....

CORAM

: PRAKASH D. NAIK, J.

DATE : 11th MARCH, 2021 PC :

.

This is an application for bail in connection with C.R.No.310/2018 registered D. N. Nagar Police Station, Mumbai for the alleged offences punishable under Sections 399, 402 of Indian Penal Code.

2.

The applicant was arrested on 10th July 2018. He is in custody almost for a period of two years and six months. 3.

It is submitted that all the other accused are directed to be released on bail. One of them has been granted bail by this Court vide Order dated 9th December 2020 passed in Criminal Bail Digitally signed by RajeP. Aher Date:

2021.03.16 12:10:10 +0530 RajeP.

Aher Application (Stamp) No.2814 of 2020.

4. The case of the prosecution, is that, the applicant and the other accused were found in suspicious manner. They were preparing to commit decoity. They were found in possession of weapons and hence, they were arrested.

5.

Learned APP submits that there are three other cases registered against the applicant for an offence under Section 379 of I.P.C. at three different Police Stations.

6.

Learned Counsel for the applicant however, submitted that the applicant is on bail in those cases. The accused who is granted bail by this Court was also involved in similar case. Considering the fact, he is in custody for two and half years, bail can be granted. 7.

Hence, the following order.

O R D E R

(i) Bail Application No.1300 of 2020 is allowed;

(ii) The applicant is directed to be released on bail in connection with C.R.No.310/2018 registered with D. N. Nagar Police Station, Mumbai, on executing P.R. bond in the sum of Rs.25,000/- with one or more local sureties in the like amount;

(iii) The applicant shall attend the concerned Police Station on the first Saturday of every month between 10.00 a.m. to 11.00 a.m. till the conclusion of the trial;

(iv) The applicant shall not leave Mumbai/Thane City, without the permission of the trial Court;

(v) The applicant shall furnish details of place of his residence to the investigating officer after he released on bail.

(vi) The applicant is permitted to furnish provisional cash bail in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety.

(vii) Bail Application No.1300 of 2020 stands disposed of accordingly.

(PRAKASH D. NAIK, J.)