Mohammad Salman Taj Mohammad Siddiqui v. The State Of Maharashtra

SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SHAMBHAVI NILESH SHIVGAN Date: 2021.09.03 18:44:09 +0530 CRIMINAL APPELLATE JURISDICTION ANT. BAIL APPLICATION NO.2083 OF 2021 Mohammad Salman Taj Mohammad Siddiqui ... Applicant Vs The State of Maharashtra ... Respondents ...

Mr. Abhishek Mishra for the Applicant.

Smt. Anamika Malhotra, APP for the Respondent-State. CORAM : SANDEEP K. SHINDE J.

DATE : 3RD SEPTEMBER, 2021.

P.C. :

Heard.

Applicant is nineteen year old, college going student. He is seeking pre-arrest bail in connection with the Crime No.869 of 2021 registered with Worli Police Station for the ofences punishable under Section 353, 323, 504 and 427 of the Indian Penal Code, 1860. The complainant is a public servant working with the BEST. Suspecting theft of electricity, complainant with employees of BEST had been Shivgan 1/3

to Mariamma Nagar, Room No.137 at Worli. It is alleged and the applicant and other occupants of the room no.137 by using the criminal force, prevented and deterred complainant and others from discharging their duty. Whereafter, complainant summoned the police. Except applicant, all were arrested. They have been released on regular bail. Prima-facie, the allegations do indicate complicity of the applicant in the crime. Yet, bearing in mind, age of the applicant, his arrest would certainly have undesirable efect on his future prospects and therefore, I am granting him pre-arrest protection. At this moment, applicant expressed sincere regret and volunteered to pay Rs.30,000/- in Employees Welfare Fund of BEST within two weeks. Statement of the learned counsel is accepted as an Undertaking to this Court.

For these reasons, application is granted prearrest protection. Hence, the following order: Shivgan 2/3

ORDER

(i) In the event of arrest of the applicant in Crime No.869 of 2021 registered with Worli Police Station, he shall be released on executing PR bond for the sum of Rs.25,000/- with one or more sureties in like sum. (ii) The applicant shall fle an Undertaking that he shall not indulge in the similar acts in future. Undertaking shall be fled within a week from today with a copy to the concerned police station.

The application is accordingly allowed and disposed of.

It is made clear that observations made here-inabove be construed as expression of opinion for the purpose of bail only and the same shall not in any way influence the trial in other proceedings.

(SANDEEP K. SHINDE, J.) Shivgan 3/3