Ibrahim Sattar Khan v. The State Of Maharashtra

aba.1968-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1968 OF 2018 Ibrahim Sattar Khan ..Applicant Vs The State of Maharashtra ..Respondents ----- Mr. Subhash Jha a/w Ms. Sanjana Pardeshi and Harekrishna Mishra I/b Law Global for applicant.

Mr. R.M. Pethe, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 2nd April 2019.

P.C.:

1] By an Order dated 25th September 2018, the applicant was granted interim relief and was directed to attend the Investigating Officer of the concerned Police Station on stipulated dates, to join the process of investigation.

2] Heard the learned counsel for the applicant and the learned APP for the State. Perused the record of investigation. 3] The record indicates that, in pursuance of the alleged forged irrevocable general power of attorney executed by the first informant Smt. Mariyam Misal in favour of accused No.1 Bilal Patel, the accused No.1 1/2

aba.1968-2018.doc further executed an irrevocable general power of attorney dated 7.1.2009in favour of the applicant herein. Admittedly, the irrevocable general power of attorney dated 7.1.2009 is a duly registered document. The applicant has not used the said power of attorney for any purpose. The allegation against the accused No.1 Bilal Patel is that, by using the alleged forged power of attorney dated 15.4.2008 he got the premises in question transferred in his own name. Thus it is apparent that the applicant has no role to play in the present crime and therefore the applicant can be protected by pre-arrest bail.

4] In view thereof, interim relief granted by Order dated 25th September 2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2