Azam @ Mussanabi @ Nabhi Mustak Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2409 OF 2019 Azam @ Mussanabi@ Nabhi Mustak Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Ms Akshada Pasi for the Applicant.

Mr. S.C. Gavand, APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 5th JULY, 2021.

P.C.:- This is an application fled under Section 439 of Cr.P.C. by the aforesaid Applicant, who is facing trial in Session Case No.218 of 2016 pending before the learned Additional Sessions Judge, Greater Bombay, for ofences punishable under Sections 489A, 489B and 489C of the IPC.

2.

Heard Ms Akshada Pasi, learned counsel for the Applicant and Mr. S.V. Gavand, APP for the Respondent-State. 3.

It is the case of the prosecution that on 18/11/2015 coaccused Alta Shaikh, wife of the present Applicant had used forged/ 1/3

counterft currency notes as genuine notes. She had stated that the said notes were handed over to her by her husband, who is the present Applicant and his associates. Accordingly, the Applicant herein and the other co-accused being accused Nos.3 and 4 came to be arrested in Crime No.514 of 2015 for ofences under Sections 489A, 489B and 489C of the IPC registered pursuant to the FIR lodged by Anand Yadav. The records prima facie indicate that three counterfeit currency notes were recovered from the Applicant. The Trial Court has enlarged on bail the other two accused, who were also in possession of the counterfeit notes. The State has not challenged the said order. The Applicant herein is in custody since 19.11.2015.

4.

Considering the said fact, the nature of ofence and also the fact that the other co-accused have been released on bail, application is allowed on following terms and conditions:- (i) The Applicant shall be released on bail on furnishing bail bonds of Rs.30,000/- with one or two sureties in the like amount.

(ii) The Applicant shall furnish his permanent as well as temporary address, if any and his contact details to the 2/3

learned Additional Sessions Judge, Greater Mumbai as well as to the Investigation Ofcer.

(iii) The Applicant shall not change his residential address without prior intimation to the Additional Sessions Judge, Gr. Bombay.

(iv) The Applicant shall attend Vakola Police Station on every Monday between 10.00 a.m. to 11.00 a.m. till disposal of the case.

(v) The Applicant shall not interfere with the witnesses or tamper with the evidence in any manner.

5.

The application stands disposed of in above terms. (SMT. ANUJA PRABHUDESSAI, J.) 3/3