Laique Ahmad Mohammad Yusuf v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1768 OF 2018 Laique Ahmad Mohammad Yusuf ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Mahendra N. Sandhyanshiv for the Applicant. Mr. N.B. Patil, APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 3rd SEPTEMBER, 2018.

P.C.:- This is an application under Section 438 of Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R. No.43 of 2018 registered with Azadnagar Police Station, District-Nashik, for offence punishable under Section 138 of the Electricity Act, 2003. 2.

Heard Mr. Mahendra Sandhyanshiv for the Applicant and Mr. N.B. Patil, APP for the Respondent-State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

3.

The aforesaid crime came to be registered pursuant to the FIR lodged by Yogesh Ganpat Gavit, Technician working with 1/3

Maharashtra State Electricity Distribution Company Ltd. It was alleged that on 14.4.2018 when the first informant and his colleagues were on duty, they found that 11KV-Malegaon, 01 line Conductor from transformer No.4748643 was shifted for about 4 feet from the original position. Upon enquiry, it was revealed that the Applicant had shifted the same as it was obstructing the construction work of his house. The nature of the offence does not justify custodial interrogation. There are also no reasons to believe that the Applicant will abscond or thwart the course of justice.

4.

Considering the above facts and circumstances the application is granted on following terms and conditions:- (i) In the event of arrest of the Applicant in C.R. No.43 of 2018 registered with Azadnagar Police Station, District-Nashik, the Applicant shall be released on bail on furnishing bail bonds of Rs.20,000/- with one or two solvent sureties in the like amount to the satisfaction of the Investigation Officer.

(ii) The Applicant shall report to the Investigation Officer 2/3

for a period of four days from Friday-7.9.2018 between 11.00 a.m. to 2.00 p.m. and thereafter as and when required by the Investigation Officer. (iii) The Applicant shall furnish his permanent as well as temporary address, if any, and his contact details to the concerned Investigation Officer.

(iv) The Applicant shall not change his residential address without prior intimation to the concerned Investigation Officer.

(SMT. ANUJA PRABHUDESSAI, J.) by Megha Shridhar Parab Date:

2018.09.04 13:35:40 +0530 Shridhar Parab 3/3