Altaf Peer Mohm. Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2145 OF 2023 Mr. Altaf Peer Mohm. Shaikh .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Vikas Kamble for the Applicant.

Mrs. A.A. Takalkar, APP for the State.

Mr. Imran Shaikh a/w. Ruby Shaikh and Morgan for R.No.2. Mr. Yogesh Rane, PSI, Shivaji Park Police Station, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 17th AUGUST, 2023.

P. C. :- .

The Applicant apprehends his arrest in C.R.No.64/2023 registered with Shivaji Park Police Station, Mumbai for offences punishable under sections 170, 420 r/w. 34 of the Indian Penal Code. 2.

Heard learned counsel for the Applicant, learned APP for the State and learned counsel for Respondent No.2. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

3.

The aforesaid crime was registered pursuant to the FIR lodged by 1/3

Jagdish Keni. The facts narrated in the FIR prima facie reveal that on 11/02/2023, at about 04:00 p.m., while he was walking on the footpath, near Kasturba hall, Matunga Railway Station, one person got down from a motorcycle. He informed the first informant that he was a police officer and questioned him why he was wearing a gold chain. He directed him to handover the gold chain and told him to accompany him to the police station. The said unknown person told him to wait near a stationery police vehicle and fled away from the place of the incident.

4.

Apart from the statement of the co-accused, there is no other material to show the involvement of the Applicant in the aforesaid crime. Considering this aspect as well as the nature of accusations against the Applicant, this Court by order dated 31/07/2023 had granted interim bail to the Applicant. Learned APP, under instructions, from the Investigating Officer, states that pursuant to the said order, the Applicant has reported to the Investigating Officer and that he has been interrogated and his presence is not required for custodial interrogation.

5.

In the light of said statement and in view of the reasons stated in 2/3

the order dated 31/07/2023, the interim bail granted in favour of the Applicant, stands confirmed.

6.

The Application stands disposed of.

PREETI HEERO JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI HEERO JAYANI Date: 2023.08.21 12:32:15 +0530 3/3