Mainnuddin Mehmod Shaikh v. The State Of Maharashtra

Vishal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.929 OF 2015 Mainnuddin Mehmod Shaikh ... Applicant vs.

The State of Maharashtra ... Respondent Mr. Vikas Shivarkar, for the Applicant.

Mr. S.S. Pednekar, APP for Respondent - State.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

AUGUST 03, 2015 P.C.:

.

The application is moved for pre arrest bail as the applicant/accused apprehends arrest in C.R. No. 135 of 2015 for the offences punishable under Sections 420, 465 and 471 read with 34 of the Indian Penal Code registered with Bandgarden police station, Pune.

2.

One Rohini Darweshi gave information to police that there was joint family property belong to her father. Her father died on 1st February, 2012. Her father has executed a Power of Attorney in favour 1 / 3

of co-accused Kishore Shinde on 2nd May, 2011 in respect of their land. However, after the death of her father, her uncle Kishore Shinde who is the main principal accused executed a Development Agreement in respect of the said land on 21st June, 2013 though her father was dead and he tried to dispose of the joint family property. Therefore, she gave information to the police. 3.

The learned counsel for the applicant/accused has submitted that the applicant/accused is to be granted pre arrest bail because the main accused Kishore Shinde who is a Power of Attorney holder and who executed a Development Agreement in respect of the land is protected on 14th July, 2015 by the learned Additional Sessions Judge, Pune and therefore he be granted pre arrest bail on the ground of parity.

5.

The learned prosecutor opposed the application. 6.

This application is filed by the applicant/accused before this Court directly as there was strike of the lawyers going on at Pune. Therefore, earlier his application was not entertained by the Sessions 2 / 3

Court, Pune. Considering the role played by the applicant/accused and as such principal accused has granted pre arrest bail, the interim pre arrest bail granted by this Court on 3rd July, 2015 is hereby confirmed on the same terms and conditions. Now the attendance is to be given as directed earlier till filing of the charge sheet. 7.

The application stands disposed of on the above terms. (MRS.MRIDULA BHATKAR, J.) 3 / 3