Mohd. Hussain Niyajuddin Shaikh v. The State Of Maharashtra

12 aba-2778-21.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by BHARAT DASHARATH PANDIT Date: 2021.11.23 11:52:56 +0530 CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2778 OF 2021 MOHD. HUSSAIN NIYAJUDDIN SHAIKH ....Applicant.

V/s THE STATE OF MAHARASHTRA .....Respondent ----- Mr. Ravindra G. Gadgil for the Applicant.

Mr. Ajay Patil, APP for the Respondent/State. CORAM: NITIN W. SAMBRE, J.

DATE: NOVEMBER 22, 2021 P.C.:- 1] Applicant is seeking pre-arrest bail in C.R. No.532 of 2021 registered with Bhandup Police Station, Mumbai for the offence punishable under Section 379 read with Section 34 of the Indian Penal Code.

2] Prosecution case against the Applicant is that of theft of copper wire. In CCTV footage which are collected, objectionable movement of Taxi was noticed, driver of which was apprehended as an accused. Present Applicant has acted in aid of the said accused in theft of copper wire. There is sufficient material to implicate the present 1/2

12 aba-2778-21.doc Applicant in the offence punishable under Section 379 of the Indian Penal Code. That being so, since there is prima facie case available against the Applicant, no case for bail is made out. Application stands rejected.

( NITIN W. SAMBRE, J. ) 2/2