Shabaz Abdul Moti Memon v. The State Of Maharashtra

aba.1442-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1442 OF 2018 Shabaz Abdul Moti Memon ..Applicant Vs The State of Maharashtra ..Respondents ----- Mr. A.P. Mundargi, Senior Advocatae i/b Subir Sarkar for the Applicant. Mr. Amit Palkar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 16th April 2019.

P.C.:

1] Heard the learned senior counsel for the applicant and the learned APP for the State. Perused the record of investigation. 2] By a reasoned Order dated 23rd July 2018, the applicant was granted interim relief.

3] The applicant is the owner of Navrang Forex situated at Galaria Mall, Hiranandni Gardens, Powai, Mumbai. The allegation against the applicant is that, he paid Rs.97,027.04 to co-accused namely Dpankar Rao and Devshankar Ghosh on the basis of MTC number allegedly provided by the co-accused Rohit Sharma. The record indicates that when the concerned co-accused produced before the applicant, the said NTC number 1/2

aba.1442-2018.doc received by them, the applicant being the owner of the said Forex Agency, in due course of his business paid an amount of Rs.97,027.04 to co-accused persons.

Prima facie, it appears that the applicant was not aware of the fact that the persons who produced NTC number along with their identity documents are not genuine transferees and are bogus entities. 4] In view thereof, the custodial interrogation of the applicant for further investigation in the present crime is not necessary and he can be protected by pre-arrest bail.

Interim relief granted by Order dated 23rd July 2018 is hereby confirmed.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2