Yasmeen Fakir @ Fakira Mohammed Pinjari And ANR v. The State Of Maharashtra

by IRESH SIDDHARAM MASHAL Date: 2021.08.10 10:58:17 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1731 OF 2019 YASMEEN FAKIR @ FAKIRA ....APPLICANTS MOHAMMED PINJARI AND ANR V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT None for the applicants Ms. Sharmila S. Kaushik APP for the State Mr. Pradeep Havnur for Respondent no. 2 CORAM :

NITIN W. SAMBRE, J.

DATE:

AUGUST 9, 2021.

P.C.:

1] Applicants are seeking pre-arrest bail in C.R. No. 101/2019 registered with Bandra Police Station for Offences punishable under Sections 384, 452 323, 504, 506 & 120 (B) of the Indian Penal Code. Applicants were granted ad-interim protection on 09/08/2021. 2] On the last occasion so also today on second call, none appeared for applicants.

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3] I have heard learned APP assisted by learned counsel for the complainant.

4] It appears that offence in question came to have registered as an outcome of Writ Petition No. 4443/2018 disposed of on 18/03/2019. I am further informed that at the behest of complainant in Cri. Writ Petition No. 4862/2019 is pending. 5] Applicant no. 1 Yasmeen Fakir lodged a complaint on 17/04/2019 against the complainant and his son for offences punishable under Sections 376, 417, 420 r/w 34 of the Indian Penal Code and the police Station at Bandra has registered F.I.R. '0' in which I am informed that already charge-sheet is fled. 6] Be that as it may, as far as the allegations against the applicants is concerned, I am informed by the learned APP on instructions that cheques as are narrated to have been taken by the accused persons from the complainant are already recovered whereas 2/3

cash amount as was received is yet to be recovered. 7] It appears from the investigation papers particularly in the recovery of cheques there is suffcient material to implicate the applicants in the present crime.

8] In that view of the matter, no case for grant of pre-arrest bail is made out. Application fails, stands rejected. [NITIN W. SAMBRE, J.] 3/3