Bombay High CourtABA/1420/2016anticipatory bail granted

Nayim Ahemd Jagral v. The State Of Maharashtra And ANR

2016-08-18Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

1 /2 ABA-1420-16-908 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1420 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. N.M. Deshmukh for the Applicant.

Mr. Deepak Thakare, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

18th August, 2016 P.C.

The applicants are apprehending arrest in CR No.381/2015 dated 8.9.2015 registered with Oshivara Police Station Mumbai under Section-452, 395, 354, 323, 380, 457, 143, 147 and 120B of the Indian Penal Code.

2, The record reveals that accused No.1 Sajeed was released on bail under Section 439 of the Cr.P.C. by the trial Court by its order dated 29.9.2015 and the co-accused namely Parvin Marwadi was granted pre-arrest bail by the Trial Court by its order of even date. The role as has been alleged and can be gathered from the police report dated 19.7.2016 against the applicant is that, the present applicant along with afore-stated two accused persons tried to take forcible possession of the alleged flat in dispute. His role is revealed from CCTV footage which was seized by the police during the course of the investigation.

3) In view of the above, I am of the opinion that for the time being the applicant be directed to attend the Investigating

Nalawade A.S.

2 /2 ABA-1420-16-908 Officer and to join the investigation process. Hence, the following order.

a) In the event of arrest of the applicant in CR No.381/2015 registered with Oshivara Police Station, Mumbai, the applicant shall be released on his furnishing PR bond of Rs.25,000/- with one or more solvent local sureties in the like amount. b) The applicant shall attend the Investigating Officer as and when called for between 11.am. to 5.00p.m. c) The applicant shall not leave the jurisdiction of Mumbai Police Commissionariat during the said period.

S.O. to 29.8.2016.

(A.S. GADKARI, J.)