Shoiab Aslam Shaikh 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.2324 OF 2021

1. Shoaib Aslam Shaikh

2. Maughati Sharifuulla Samiyullah Applicants versus The State of Maharashtra Respondent Mr.Devendra Patil for applicants.

Mr.S.H.Yadav, APP, for State.

API SomnathKale, Nagpada Police Station, present. CORAM : PRAKASH D. NAIK, J.

DATE : 30th September 2021 PC :

1.

The applicants are apprehending arrest in CR No.741 of 2021 registered with Nagpada Police Station, Mumbai for offences under Sections 394 and 34 of Indian Penal Code. The FIR was registered on 13th August 2021.

2.

The case of prosecution is that the complainant was plying taxi. When he was on J.J.Road, the car driven by the accused took a turn and he had dashed at the taxi of complainant. The accused demanded Rs.5,000/- for the damage caused to his car. The accused forcibly took away the keys of taxi and also took away the taxi of complainant.

3.

Learned counsel for applicants submits that the allegations in the FIR are false. The vehicle belonging to the applicants is in MANISH SURESH THATTE MANISH SURESH THATTE Date: 2021.10.04 09:53:37 +0530 custody of police. Although it was seized by police in the present

2 of 2 30.ABA.2324.2021.doc case, it is now tried to be contended that the car is taken away by Traffic Department. The applicants have preferred application for return of property before learned Magistrate, which is pending. 4.

Learned APP submitted that the taxi of the complainant has been recovered and panchanama in that regard was recorded. It was found near the residence of applicants.

5.

Considering the nature of dispute and also in the light of the fact that taxi belonging to complainant was subs4equently handed over to the complainant by Court's order, the applicants need not be subjected to custodial interrogation.

ORDER

(i) Anticipatory Bail Application is allowed and disposed of; (ii) In the event of arrest of applicants in CR No.741 of 2021 registered with Nagpada Police Station, Mumbai, the applicants be released on bail on executing PR bond in the sum of Rs.25,000/- each with one or more sureties in the like amount; (iii) The applicants shall appear before the Investigating Officer as and when called for till filing of charge sheet. (PRAKASH D. NAIK, J.) MST