Idris Yunus Sheikh @ Sugga v. The State Of Maharashtra

aba.1225-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1225 OF 2018 Idris Yunus Sheikh @ Sugga 1⁄4.Applicant Vs The State of Maharashtra ..Respondent ----- Ms. Kusum Pandey for applicant.

Mr. S.S. Hulke, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 2nd July 2018.

P.C.:

1] The applicant is apprehending arrest in CR No.I-12 of 2018 dated 3.4.2018 registered with Gorai Police Police Station, Mumbai under Section 420, 465, 468, 471 read with 34 of the Indian Penal Code. 2] Heard the learned Counsel for the applicant and the learned APP. Perused the record.

3] The record indicates that, after completion of investigation the police have submitted chargesheet against the principal-accused Prabhukumar Yadav showing the applicant as absconding accused. The role attributed to the present applicant is that, the applicant helped the said Prabhukumar Yadav in forging one document for procuring permit of Auto-rickshaw which was originally standing in the name of Mr. 1/2

aba.1225-2018.doc Vishnu Thakur. The evidence on record indicates that, apart from the statement of the said co-accused made in recovery panchanama under Section 27 of the Evidence Act, there is no other evidence on record to implicate the applicant. In view of the same, the custoial interrogation of the applicant for further investigation of crime is not necessary. 4] In view thereof, the applicant can be protected by pre-arrest bail.

Hence, the following Order:- i] In the event of arrest in CR No.I-12 of 2018 registered with Gorai Police Station, Mumbai, the applicant be released on bail on his furnishing PR bond in the sum of Rs.15,000/- with one or two local sureties in the like amount.

ii] The applicant shall attend the Investigating Officer between 11.00 a.m to 1.00 p.m and to join the process of investigation after receipt of notice under Section 160 of Cr. P.C. till submission of final report. iii] Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2