Masiha Mukhtar Cheulkar v. The State Of Maharashtra

(8)-ABA-1955-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1955 OF 2021 Masiha Mukhtar Cheulkar ..Applicant

Versus

The State of Maharashtra ..Respondent WITH INTERIM APPLICATION 2963 OF 2021 IN ANTICIPATORY BAIL APPLICATION NO.1955 OF 2021 Mr. Sachin Harishchandra Bhagat ..Applicant (Intervenor)

IN THE MATTER BETWEEN

Masiha Mukhtar Cheulkar ..Applicant

Versus

The State of Maharashtra ..Respondent Mr. Mihir Gheewala i/by Mr. Ishan S. Jani, for the Applicant. Mrs. J. S. Lohokare, APP for the Respondent - State. Mr. Nilesh Navale, for the Intervenor.

Mr. Mahesh Kawale, PSI, Kalva Police Station, Thane City - present. CORAM : NITIN W. SAMBRE, J.

DATE : 9th DECEMBER, 2021 P.C.

1.

Applicant is seeking pre-arrest bail in Crime No.196 of 2021 registered with Kalwa Police Station for the offence punishable under Sections 417, 420, 467, 468, 471 r/w 34 of IPC. BGP.

(8)-ABA-1955-21.doc.

2.

The prosecution case against the applicant is, upon assurance of the applicant complainant parted with the amount to be invested in immovable property and the offence of cheating is committed.

3.

The Investigating Officer on instructions informs to APP that the applicant is not recipient of any of the amount involved in the crime. In so far as other two accused who are arrested already charge-sheet is filed. One of the accused, Mohammed Rafi claimed to have been absconded in whose account amount of Rs.1,00,000/- is received.

4.

Merely because said accused is related to the applicant that would not dis-entitle him from protection. 5.

As such, ad-interim protection stands confirmed. 6.

Applicant shall attend Investigating Officer as and when directed.

7.

Applicant shall neither influence the witnesses in any manner nor tamper with the evidence.

8.

As such, application stands disposed of.

9.

In view of disposal of application, interim application also stands disposed of.

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.12.10 09:53:34 +0530 BALAJI GOVINDRAO PANCHAL [NITIN W. SAMBRE, J.] BGP.