Musa Mammu Ahmed And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1399 OF 2015

1. Mr. Musa Mammu Ahmed

2. Anurag Tadkeshwarnath Pandey

3. Umer Miran

4. Abdul Razzak Hasinar

5. Abu Bakar Anduhi Al Siddiqui ...Applicants V/s.

The State of Maharashtra

...Respondents.

Mr. A. M. Sarogi for the Applicants.

Mrs. P. P. Shinde APP for the Respondent-State. CORAM :

REVATI MOHITE DERE, J.

DATED :

27th AUGUST, 2015.

P.C.

1.

Heard learned counsel for the applicants and the learned APP for the State.

2.

By this application, the applicants seek their enlargement on bail in connection with C.R. No.218/2015 registered with the M.R.A. Marg Police Station for the offence punishable under sections 273, 328, 188 of IPC r/w. Sections 26(2) (1), 26(2)(4), 27(3) (D), 27(3)(E), 3(ZZ)(I), 30(2)(A), 59(2) of Food Safety and Standards Act, 2006.

3.

The applicants were conducting business at the place where the raid was conducted and banned articles were found. Banned articles ranging from Rs.1,000/- to Rs.2,500/- were found in possession of the applicant Nos.1 to 5. The applicants have been in custody from the date of their arrest i.e. 6/7/2015.

4.

Learned APP opposes the bail application and submits that the applicants have no permanent address.

5.

Considering the nature of allegations and the fact that the applicants are in custody since 6/11/2014, the applicants deserve to be enlarged on bail on the following terms and conditions:

ORDER

(i) The applicants be enlarged on bail on furnishing P. R. Bond in the sum of Rs.10,000/- each with one or two sureties in the like amount;

(ii) The applicants shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the

matter and to the Investigating Officer of the M.R.A. Marg Police Station, Mumbai;

(iii) The applicants shall attend the concerned police station on 1st and 3rd Saturday of every month till conclusion of the trial;

(iv) The applicants shall co-operate in the conduct of the trial.

(v) An undertaking to the aforesaid clauses ii); iii) and iv) shall be filed by the Applicants, in the Trial Court, within two weeks after their release.

6.

The Application is allowed and disposed of in above terms.

7.

It is made clear, that the observations made herein are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 8.

Parties to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)