Rehan Abdul Samad Khan And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPTORY BAIL APPLICATION NO. 1721 OF 2019

1. Rehan Abdul Samad Khan

2. Zakir Shakir Khan

3. Mohammed Faisal Shaikh ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Adil Mirza i/b A. A. Mirza & Associates for the Applicants Mr. A. A. Palkar, A.P.P for the Respondent-State PSI Mr. Nilesh Pandit Patil from Powai Police Station, Mumbai, is present CORAM : REVATI MOHITE DERE, J.

TUESDAY, 6 th AUGUST 2019 P.C.

Heard learned counsel for the parties.

By this application, the applicants seek pre-arrest bail in connection with C.R. No. 382 of 2019 registered with the Powai Police Station, Mumbai, for the alleged offences punishable under Sections 295 r/w 34 of the Indian Penal Code.

Perused the papers. The prosecution has alleged that the applicants demolished the Chabeel/Panpoi belonging to one Shahzad 1/3

Mohsin Khan at Ambedkar Nagar, Andheri, Mumbai, which contained the photograph of the image of Mecca-Madina. Learned counsel for the applicants submits that the said Chabeel was demolished pursuant to the 354 notice issued by the Mumbai Municipal Corporation by the Mumbai Municipal Corporation itself.

Learned A.P.P does not dispute the same.

Considering the aforesaid, in the peculiar facts of this case, custodial interrogation of the applicants is not warranted. Accordingly, the application is allowed and the applicants are granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicants be enlarged on bail on executing P.R. Bond in the sum of Rs.10,000/- each, with one or two sureties in the like amount ;

(ii) The applicants shall report to the Investigating Officer of the concerned Police Station on 13th and 14th August 2019 from 10:00 a.m. to 12:00 noon and thereafter, as and when called; 2/3

(iii) The applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

The application is accordingly disposed of.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

3/3