Imran Mohammed Syed v. State Of Maharashtra

2023:BHC-AS:30317 11-IA2344-2023INABA3315-2022.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2344 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO. 3315 OF 2022 Imran Mohammed Syed ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Tanveer Khan, for the Applicant in ABA/3315/2022. Mr. M. G. Patil, APP for the State/Respondent. Mr. Suhil Shukla a/w Janki Sampat, for the Ori. Complainant in IA/2344/2023.

CORAM:

N. J. JAMADAR, J.

DATED:

10th OCTOBER, 2023 ORDER:- 1.

Heard the learned Counsel for the parties.

2.

This is an application for cancellation of pre-arrest bail granted by this Court by an order dated 6th April, 2023. The learned Counsel for the applicant submitted that the applicant - first informant was not heard when the order was passed by this Court on 6th April, 2023.

3.

It is trite an application for cancellation of bail already granted stands on a different footing than rejection of an application for bail in the first instance.

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11-IA2344-2023INABA3315-2022.DOC 4.

I have perused the allegations in the FIR. In paragraph 6 of the order dated 6th April, 2023 this Court has, inter alia, opined that no prima facie case of cheating or other offences was made out as the gravamen of indictment against the accused was that the accused, who was working with the first informant company had started similar business as that of the first informant's company and surreptitiously sold the very same commodity as manufactured by the first informant's company to the customers, who were the original customers of the first informant's company.

5.

In view of the aforesaid nature of the accusation, to facilitate investigation custodial interrogation of the applicant is not at all warranted. Therefore, no case is made out to entertain the application for cancellation of bail. 6.

Application stands disposed.

[N. J. JAMADAR, J.] 2/2