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Bombay High CourtABA/1582/2018others disposed off

Yasmin Abdul Shakur Sayyed And ANR v. The State Of Maharashtra

2018-08-30Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 26-aba-1582-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1582 OF 2018 Yasmin Abdul Shankar Sayyed & Anr.

.. Applicants Vs.

State of Maharashtra .. Respondent ......

Mr.Tariq Khan, Advocate for the Applicants.

Mr.A.R. Kapadnis, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

AUGUST 30, 2018.

P.C. :

Applicants are apprehending arrest in CR No.403 of 2018, registered on 29th June, 2018, with Sakinaka Police Station under Sections 380, 451 read with Section 34 of IPC. The Application was heard on 8th August, 2018, and this Court has granted interim protection to the applicants. While passing the said order, it was observed that perusal of FIR would prima facie indicate that, the same is filed on misconception of the facts and if further prima facie appears that, it is not a genuine case initiated by the first informant. It is recorded that, it appears from the FIR that there are monetary transactions between the company of the first informant and the applicants and learned Digitally signed by Rajeshri Prakash Aher Date:

2018.09.03 15:44:18 Rajeshri Prakash Aher

rpa 2/3 26-aba-1582-18.doc counsel appearing for the applicants, on instructions, made a statement before this Court that to prove their bonafides and without prejudice to their rights and contentions, the applicants would deposit the amount of Rs.3,00,000/- in the Registry of this Court within the stipulate time. Learned advocate for the applicants submits that the applicants has deposited the amount, as directed by this Court in the Registry of this Court. In the circumstances, the interim order dated 8th August, 2018, is required to be confirmed.

Hence, I pass the following order:

:: O R D E R ::

(i) The order dated 8th August, 2018, passed by the this Court, is confirmed;

(ii) In the event of arrest of applicants in connection with CR No.403 of 2018, registered with Sakinaka Police Station, Mumbai, the applicants shall be released on bail on their furnishing P.R.Bond in the sum of Rs.15,000/-, each, with one or two separate local sureties in the like amount;

rpa 3/3 26-aba-1582-18.doc (iii) Applicants shall not tamper with the evidence and/or pressurize the prosecution witnesses;

(iv) Applicants shall report the police station, as and when called for by the Investigating Officer;

(v) Anticipatory Bail Application No.1582 of 2018 stands disposed of.

(PRAKASH D. NAIK, J.)