Mohammad Sultan Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2502 OF 2018 Mohammad Sultan Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Nilesh V. Bhutekar for the Applicant.

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

DATED: 22nd OCTOBER, 2018.

P.C.:- This is an application under Section 439 of the Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R. No.345 of 2018 registered with Wakad Police Station, District-Pune, for offences punishable under Sections 419, 420, 465, 467, 468 and 471 r/w. 34 of the Indian Penal Code, 1860.

2.

Heard Mr. Nilesh Bhutekar, the learned counsel for the Applicant and Mr. S.S. Pednekar, the learned APP for the RespondentState. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. 1/3

3.

The aforesaid crime was registered pursuant to the FIR lodged by one Pooja Kalate. The first informant has claimed that the accused Chetan and Taraman had sold her property to Sainath Builders by executing a forged and fabricated document dated 29.10.2010. The Applicant is alleged to have been an witness to the said document. 4.

It is seen that the main accused-Chetan and Taraman have already been granted bail. Hence, the Applicant is also entitled for bail on the ground of parity. The learned APP has submitted that the investigation is concluded and that the charge sheet will be filed in the course of the day. Presence of the Applicant is therefore, no longer required for the purpose of interrogation. The Applicant is a permanent resident of Pune and hence there are no chances of his absconding or fleeing from justice. The Applicant has no criminal antecedents.

5.

Under the circumstances, the application is allowed on following terms and conditions:- (i) The Applicant, who is arrested in C.R. No.345 of 2018 registered with Wakad Police Station, District-Pune, 2/3

be released on bail on furnishing bail bonds of Rs.30,000/- with one or two solvent 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 concerned investigation officer.

(iii) The Applicant shall not change his residential address without prior intimation to the concerned investigation officer.

(iv) The Applicant shall report to the Investigation Officer and in his absence to the Senior P.I. of Wakad Police Station on first Monday of every month till framing of charge.

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

2018.10.24 11:36:38 +0530 Shridhar Parab 3/3