Salim Gulam Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1678 OF 2023 Salim Gulam Shaikh ... Applicant v/s.

The State of Maharashtra .... Respondent WITH INTERIM APPLICATION NO. 2436 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO. 1678 OF 2023 Pradeep Ahire .... Intervenor In the matter between :- Salim Gulam Shaikh ... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Arun Rajput a/w. Mr. Viral Mukte and Ms. Mayuri Sharma for the Applicant.

Mrs. A.A. Takalkar, APP for the State.

Mr. Sushil Upadhyay i/b. Sidharth Sing for the Intervenor. Mr. Deepak Patil, PSI, Kandivali Police Station, present. Digitally signed by PREETI HEERO JAYANI Date:

2023.07.19 13:58:55 +0530 PREETI HEERO JAYANI CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th JULY, 2023.

P. C. :- .

It has been brought to my notice that in the order dated 15/06/2023 in the 1st paragraph, '

sections 354 and 306' have been wrongly typed. The words '

sections 354 and 306' be deleted and necessary corrections be made in the order dated 15/06/2023. 1/3

2.

This is an Application under section 438 of Cr.P.C. for pre-arrest bail in C.R.No.310/2023 registered with Kandivali Police Station, Mumbai for offences punishable under sections 384, 386, 504 and 506(II) of the Indian Penal Code.

3.

The aforesaid crime was registered pursuant to the FIR lodged by one Pradeep Ramesh Ahire, Manager of M/s. Ruparel Infra and Reality Pvt. Ltd. The records prima facie indicate that some of the slum dwellers have engaged in said Company to redevelop the land covered by 32 slums and to rehabilitate about 2,000 slum dwellers. Some of the slum dwellers including the Applicant herein have opposed the appointment of the said Developer to develop the said land. 4.

It appears that there is inter se dispute between the slum dwellers, which has resulted in lodging the FIR. Considering the nature of the accusations, this Court by order dated 15/06/2023, granted interim bail to the Applicant. Learned counsel for the Applicant states that pursuant to the said order, the Applicant has reported to the Investigating Officer and has co-operated with the investigation.

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5.

Learned APP has also made a statement that investigation is completed and charge sheet will be filed within four weeks. In the light of the above facts and circumstances, no case is made out for custodial interrogation. Hence, the interim bail granted by this Court vide order dated 15/06/2023, stands confirmed. The Applicant shall report to the Investigating Officer as and when required. 6.

Application as well as Interim Application stands disposed of in above terms.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3