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Bombay High CourtBA/1514/2017bail granted

Nabila Ajij Sayyad @ Falak Ajij Sayyad v. The State Of Maharashtra

2017-08-31Hon'Ble Shri Justice T.V. Nalawade3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1514 OF 2017 Nabila A. Sayyad @ Falak A. Sayyad ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr.Naville D. Deboo i/b Mr.Abhay B. Bhoir for the Applicant. Ms.A.A. Takalkar, APP for the Respondent.

CORAM : T.V. NALAWADE, J.

DATE : 31ST AUGUST, 2017.

P.C. :- 1.

The application is filed for bail in C.R. No.I-34/2016 registered in New Mumbai, Kharghar Police for the offences punishbale under sections 489(B) and (C) of IPC. Both the sides are heard. The papers of investigation are made available for perusal of this Court.

2.

The material collected shows that the team known as Anti Extortion Cell of police received specific information on 8th February, 2016 that near Metro Railways Over Bridge, Taloja, New Mumbai, one lady having vail was coming for circulation of fake Indian currency notes. After receipt of the information action was taken and 1/3

the police went to the aforesaid spot. They remained disbursed condition on the spot. At about 11:30 a.m. one lady having vail alighted from three wheeler passenger rickshaw and she started waiting on the spot for somebody. As till 11:40 a.m., nobody came there, the police accosted her and in presence of pancha witnesses, enquiry was made and personal search of this lady was taken. During personal search, 592 fake currency notes of Rs.500/- denomination each were recovered from this lady and some other currency notes were also recovered. This woman came to be arrested and the aforesaid fake currency notes came to be seized under panchanama. During investigation and interrogation, the name of other accused Habiruddin Isarali transpired. The police traced him and during search recovered 22 fake currency notes of Rs.

1,000/- denomination each from him. These currency notes also came to be seized. During interrogation of Habiruddin Isarali, the name of the present applicant transpired and so she is arrested. The papers of investigation show that from her possession, one Samsung mobile was recovered. 3.

Learned APP submitted that the present applicant was in touch with the other accused and it shows that her involvement in the offence of circulation of fake currency notes. 4.

The material collected from the accused is of aforesaid nature. The applicant has been behind the bars since 19th February, 2/3

2016. In view of the nature the material collected against the present applicant, this Court holds that it is not desirable to keep the present applicant behind the bars till the disposal of the case. In the result, the application is allowed.

5.

The applicant is to be released on her furnishing P.B. and S.B. of Rs.50,000/- with one or more solvent sureties in the like amount. The applicant is not to tamper with prosecution witnesses. The applicant is not to commit similar offences. She is not to leave Maharashtra till prior permission of the Sessions Court, Alibaug. Before releasing her on bail, her passport is to be taken over and the place of her permanent resident is to be informed and verification of this place is to be done by the police.

(T.V. NALAWADE, J.) 3/3