Sana Hayath Patel v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPTORY BAIL APPLICATION NO. 1618 OF 2017 Sana Hayath Patel ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Shabana Sothe I/b S. P. Associates for the Applicant Mr. M. G. Patil, A.P.P for the Respondent-State PSI Mr. Pavankumar Bhoye from Airport Police Station, is present CORAM : REVATI MOHITE DERE, J.

FRIDAY, 15 th SEPTEMBER, 2017 P.C.

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 39 of 2017 registered with the Airport Police Station, Mumbai, for the alleged offences punishable under Sections 465, 467, 468, 471, 419, 420 and 34 of the Indian Penal Code. 3.

Learned Counsel for the applicant submitted that there is no 1/4

material to connect the applicant with the alleged offence. She submitted that the applicant was an employee of the Indigo Airlines at the relevant time. She submitted that according to the complainant, who is a CISF SubInspector and working at the Domestic Airport, he was on the duty at the Lost and Found Counter on 16th August, 2017. He has stated that he found one wallet near an X-ray machine at about 9:00 p.m. and when he opened the wallet, he found the photograph and Aadhar Card of a person, who had forgotten his wallet at the belt of the X-ray machine. He has stated that he sent one of his colleagues to the Passenger Sitting Area to return the wallet. He has stated that he found a passenger in the Sitting Area and asked him to show his boarding pass.

The name mentioned on the boarding pass was "Ibrahim Patel Mohammed", whereas, the name on the aadhar card was "Sayed Mohd. Khan". He has stated that although the photograph on the Aadhar Card was that of accused No. 1- Sayed Mohd. Khan, the name on the boarding pass was shown as Ibrahim Patel Mohammed. According to the complainant, when he was asked to show more documents to prove his identity, the applicant who is working with Indigo Airlines came and disclosed that the coloured xerox of the Aadhar Card belonged to her father Mohd.

photograph was that of her Uncle i.e. Sayed Mohd. Khan. The applicant further disclosed that being an employee of the Airlines, her family members get concessional tickets and hence, the applicant had pasted her Uncle's photograph on the Aadhar Card of her father and had taken out a coloured print out. Pursuant to which, the aforesaid complaint was lodged. 4.

Considering what was disclosed by the applicant, custody of the applicant is not necessary. Accordingly, the application is allowed and the applicant is granted pre-arrest bail, on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station on 21st and 22nd September, 2017 from 10:00 a.m. to 12:00 noon, and thereafter, as and when called, till the filing of the charge-sheet.

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5.

The application is accordingly disposed of.

6.

It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. 7.

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

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