Mohd. Tabrez Daud Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2048 OF 2019 Mohd. Tabrez Daud Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Ms. Rehana Begum, Advocate for the Applicant. Ms. Rutuja Aambekar, A.P.P. for the Respondent-State. ...

CORAM : SANDEEP. K. SHINDE, J.

DATE : 18 th NOVEMBER 2019.

P.C.

1.

Heard learned counsel for the applicant and learned A.P.P. for the Respondent State.

- 2.

Applicant seeks enlargement on bail.

3.

He was arrested in Crime No. I-56 of 2016 registered with DCP CID Unit-II, District Mumbai, for the alleged offences punishable under Sections 328, 392, 411 r/w Section 34 of Indian Penal Code, 1860. 4.

Applicant accused and his associates were 1/3

arrested and granted bail on 19.05.2016. The applicant- accused was directed to furnish surety; however was permitted provisional cash bail. He deposited the cash, Rs. 20,000/- on 02.07.2016. He was released on cash bail, but thereafter, did not appear before learned Committing Court. The non-bailable warrant was issued against him to secure his presence. Cash surety was forfeited and the proclamation under Section 82 of Criminal Procedure Code, 1973, was also ordered to be published. The applicant was apprehended on 05.01.2019.

5. In the mean time, applicant committed the three offences of the similar in nature; Crime no.313 of 2016 at Ahmednagar, Crime no.76 of 2016 at Nagpur, Crime no.237 of 2016 at Nagpur.

6.

The learned Session Court in the order dated 04.05.2019 has recorded satisfaction that there is every likelihood of applicant committing similar offence if released on bail, since he was already 2/3

committed such offences after grant of bail.

7.

For the reasons stated, the application is rejected.

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