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Bombay High CourtABA/2784/2021disposed off

Naseem Ahmed Rais Ahmed Ansari v. The State Of Maharashtra

2021-12-06Hon'Ble Shri Justice Nitin W. Sambre2 pages

(11)-ABA-2784-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2784 OF 2021 Naseem Ahmed Rais Ahmed Ansari ..Applicant

Versus

The State of Maharashtra ..Respondent Mr. Sunny Waskar i/by Mr. Dilip Gupta, Advocate for the Applicant. Mrs. Rutuja Ambekar, APP for the Respondent - State. CORAM : NITIN W. SAMBRE, J.

DATE : 6th DECEMBER, 2021 P.C.

1.

Applicant is seeking pre-arrest bail in Crime No.386 of 2019 registered with Oshiwara Police Station, Mumbai for the offence punishable under Sections, 406, 420, 465, 467, 471 r/w 34 of IPC.

2.

The allegation against the applicant is, the room of which he was owner was sold to complainant on 7th March, 2011 by accepting valuable consideration. It is further claimed that very same right of the said room were transferred by the applicant to a third person after having received consideration. This fact was discovered after the complainant was shown not eligible to get allotment in the society after redevelopment. 3.

Though, it is claimed by the applicant that he has not BGP.

(11)-ABA-2784-21.doc.

created any third party rights, the investigation papers viz. notarized photocopy of the documents creating third party interest, statement of the notary and the entries in the notary register, so also bank statement, sufficiently prima-facie establishment involvement of the applicant in the crime in question.

4.

In view of aforesaid complicity of the applicant, in my, opinion, applicant does not deserve any protection from this Court. 5.

As such, application stands rejected.

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.12.07 09:57:02 +0530 BALAJI GOVINDRAO PANCHAL [NITIN W. SAMBRE, J.] BGP.