Mohammed Avesh Niyaz Khan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1689 OF 2019 Mohammed Avesh Niyaz Khan ....

Applicant Vs.

The State of Maharashtra ....

Respondent WITH CRIMINAL APPLICATION NO. 1236 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO.1689 OF 2019 Yusuf Akbar Salfi ....

Intervenor In the matter of Mohammed Avesh Niyaz Khan ....

Applicant/Accused Vs.

The State of Maharashtra ....

Respondent None for Applicant.

Mr. A.R. Patil APP for State of Maharashtra. PSI, Mr. P.B. Gaikwad, Mumbra Police Station present. Coram : NITIN W. SAMBRE, J.

Date : 7th AUGUST, 2021

2/3 P.C.:

1.

None for the applicant.

2.

On 7th August, 2019, this Court (Coram : Revati Mohite Dere, J.) has granted ad-interim protection to the applicant. 3.

Learned APP on instructions from the I.O., who is present in the Court informs that though in the recovered CCTV footage, the presence of the applicant is noticed, however, his active participation in the offence cannot be inferred.

4.

According to him, the investigation in the matter is completed and the charge-sheet is ready and will be filed within four weeks from today.

5.

In view of above, ad-interim protection stands confirmed. Hence, the following order :

O R D E R

i) In the event of arrest in Crime No. 380 of 2019 registered with Mumbra Police Station, Thane, for the offence punishable under

3/3 Sections 323, 324, 326, 504, 506 read with 34 of the Indian Penal Code, the applicant be released on bail on his executing P.R. bond of Rs.25,000/- with one or more sureties in the like amount; ii) The applicant is directed to attend the concerned Police Station as and when directed;

iii) The applicant shall not influence the prosecution witnesses or tamper with the evidence.

6.

The application is disposed of accordingly. Pending Application also stands disposed of.

( NITIN W. SAMBRE, J. )