Shahabuddin Alimuddin Shaikh v. The State Of Maharashtra

40 ba 1994-17=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1994 OF 2017 Shahabuddin Alimuddin Shaikh ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Imran Sheikh for the Applicant.

Mr. Ameet Palkar, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 21th FEBRUARY, 2018 P.C.:

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This is an application under Section 439 of Cr.P.C. for bail in C.R. No.11 of 2017 dated 28.03.2017 registered with Cyber Crime Police Station, Bandra-Kurla Complex, Mumbai, for the offences punishable under Sections 419, 420 r/w 34 of Indian Penal Code and Section 66(D) of Information and Technology Act. Heard the learned Counsel for the Applicant and the learned APP. Perused the charge-sheet.

The learned Counsel for the Applicant submitted that the co-accused namely Gulzar Ahmed Afsar Ahmed Shaikh who has been attributed with same and/or similar role has been released on bail by this Court by an Order dated 18.12.2017 and therefore, the Applicant is entitled to be released on bail on the ground of parity. The learned APP conceded to the said fact. Sneha Chavan 1/2

40 ba 1994-17=.doc Perused the record. After perusing the record, it appears that there is substance in the submission made by the learned Counsel for the Applicant. That, the Applicant has been attributed with same and/or similar role as that of Guljar Ahmed Afsar Ahmed Shaikh and therefore, Applicant can be released on bail on the ground of parity.

Hence, the following order:

(i) The Applicant be released on bail in C.R.No.11 of 2017 registered with Cyber Crime Police Station, Bandra-Kurla Complex, Mumbai on his furnishing PR Bond in the sum of Rs.25,000/- with one or two solvent local sureties in the like amount.

(ii) After his release from the jail, the Applicant shall attend the Cyber Crime Police Station, Bandra-Kurla Complex, Bandra (E), Mumbai on every 1st Monday of the month between 11.00 a.m. to 1.00 p.m. till conclusion of trial. (iii) Applicant shall also attend all the dates before the trial Court till conclusion of trial.

(iv) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

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Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Sneha Chavan 2/2