Zahur Abdul Gafar Shaikh v. The State Of Maharashtra

(30)-BA-1417-20.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1417 OF 2020 Zahur Abdul Gafar Shaikh ..Applicant

Versus

The State of Maharashtra ..Respondent None for the Applicant.

Mr. Durgesh Rege, Appointed Advocate for the Applicant. Mr. Ajay Patil, APP for the Respondent - State. Mr. Sunil Gade, Oshiwara Police Station - present. CORAM : NITIN W. SAMBRE, J.

DATE : 17th NOVEMBER, 2021 P.C.

1.

Since 5th January, 2021, the matter is consistently adjourned as the applicant or his counsel remained absent. 2.

Even for filing of charge-sheet in this application substantial time is taken by the applicant.

3.

During the course of hearing of the application on last occasion, learned APP informed that there are criminal antecedents against the applicant and the counsel for the applicant took time to verify the same.

4.

Today, when the matter is called out second time, counsel for the applicant is absent. As such, this Court is required to engage advocate Mr. Durgesh Rege.

BGP.

(30)-BA-1417-20.doc.

5.

Heard Mr. Durgesh Rege, appointed advocate for the applicant and learned APP Mr. Patil.

6.

Applicant is seeking regular bail in Crime No.294 of 2019 registered with Oshiwara Police Station for the offence punishable under Section, 406, 420, 465, 467, 468, 471 r/w 34 of IPC.

7.

The prosecution story against the applicant is, he hired vehicle of private individual with assured financial returns and committed criminal breach of trust and cheated them as the amount was not paid. Even the allegations of forgery are made against the applicant. Allegations of forgery are substantiated by the documentary evidence.

8.

Apart from above, the applicant'

s involvement in other similar criminal offences is not disputed.

9.

That being so, in my opinion, no case for bail is made out.

10.

Hence, application stands rejected.

11.

In view of appearance of advocate Mr. Durgesh Rege, the Legal Aid Services Authority is directed to release admissible profession fees.

[NITIN W. SAMBRE, J.] BGP.