Sharmin Mohd. @ Shamina Khan And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1358 OF 2019 Smt. Sharmin Mohd. Alias Shamina ....

Applicants Khan & Anr.

Vs.

The State of Maharashtra ....

Respondent Mr. Ghanshyam Upadhyay a/w Jyoti Bhandari i/by Law Juris for Applicants.

Mr. A.R. Patil, APP for State of Maharashtra. Coram : NITIN W. SAMBRE, J.

Date : 3RD AUGUST 2021 P.C.:

1.

By this application, the applicants are seeking pre-arrest bail in connection with Crime No.139 of 2019, registered with MIDC Police Station, Mumbai, for the offences punishable under Sections 452, 465, 468, 471, 504 and 509 read with 34 of the Indian Penal Code. 2.

The allegations are, the applicants have forged the signature of the complainant, obtained N.O.C. and PAN Card in her name to change the name of holder of electricity Meter.

2/3 3.

In response to the Court'

s query, learned APP, on instructions, informs that the relevant documents are already seized. The specimen of the handwriting of the accused persons including their signatures are already obtained and same will be sent for opinion of the handwriting expert.

4.

The applicants were on ad-interim protection since 26th June, 2019 i.e. almost for last two years.

5.

In the aforesaid backdrop, it could be inferred that almost the investigation is completed and custodial interrogation of the applicants is not called for particularly in view of seizure of documents so also collection of specimen of handwriting. As such, the protection dated 26th June, 2019 stands confirmed. Hence, the following order :

O R D E R

i) The application is allowed.

ii) In the event of arrest in Crime No.139 of 2019, registered with MIDC Police Station, Mumbai, for the offences punishable under

3/3 Sections 452, 465, 468, 471, 504 and 509 read with 34 of the Indian Penal Code, the applicants be released on bail on their executing P.R. bonds of Rs.25,000/- each with one or two sureties in the like amount; iii) The applicants shall attend the Investigating Officer as and when directed;

iv) The applicants shall not influence the prosecution witnesses or tamper with the evidence.

( NITIN W. SAMBRE, J. )