Mohammad Rafique Akhtar Ali Shaikh v. The State Of Maharashtra

902 ABA-1384-2019.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by BHARAT DASHARATH PANDIT Date: 2021.08.04 14:04:10 +0530 CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1384 OF 2019 Mr. Mohammad Rafique Akhtar Ali Shaikh ....Applicant.

V/s The State of Maharashtra .....Respondent ---- None for the the Applicant.

Mr. A.R. Patil, APP for the Respondent/State ----- CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 03, 2021 P.C.:- 1] None appeared for the Applicant on second call yesterday. Today also, none appears for applicant.

2] Applicant is enjoying Ad-interim protection since 28th June, 2019.

3] Heard, learned APP in the matter.

4] Ad-interim protection was extended on the count that co-accused was enlarged on pre-arrest bail on the ground that amount of Rs 6,40,000/- involved in the matter is secured from him and there are 1/2

902 ABA-1384-2019.doc no allegations of acceptance of any amount against the Applicant. 5] The FIR depicts that Applicant is equally responsible for commission of the offence in question, particularly in the backdrop of the fact that Applicant has signed the agreement. 6] Merely because the amount is secured from the co-accused that by itself will not entitle the present Applicant to claim pre-arrest bail as very criminal intention of the Applicant is apparent from his conduct.

7] In the aforesaid backdrop, no case for pre-arrest bail is made out. Application stands rejected. Consequently, interim protection stands vacated.

( NITIN W. SAMBRE, J. ) 2/2