Sameer @ Fardeen Fakruddin Mansuri v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2787 OF 2019 Sameer @Fardeen Fakruddin Mansuri ...Applicant

Versus

State of Maharashtra

...Respondent

Mr.K.H.Holambe Patil, for the Applicant.

Ms. P. P. Shinde, A.P.P for the Respondent - State. P.I. - Manohar Hindlekar, Malvani Police Station, Mumbai, is present. CORAM : REVATI MOHITE DERE, J.

DATE : 15th OCTOBER, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.564 of 2019 registered with the Malvani Police Station, Mumbai, for the alleged offences punishable under Sections 392, 384, 452, 323, 506(2) r/w 34 of the Indian Penal Code and under Section 37(1)(a) of the Maharashtra Police Act. 3.

Perused the papers. According to the complainant -Abid Shaikh, he is running a shop at Gala No.1, Yadav Compound, Gate No.6, Malwani, Malad (West), Mumbai, where Bisleri bottles, cold drinks etc.,

2/3 are sold. He has alleged that the incident took place on 12th July, 2019, at about 2.00 p.m. when he was returning home after namaz. He has alleged that his employee - Allahuddin called him and informed that the applicant and other co-accused had been to his shop and where demanding money. The complainant's employee also informed that the accused persons were causing damage in the shop. It is alleged by the complainant that he reached the shop at about 4.15 p.m., when the applicant and others demanded Rs.2,000/- from the complainant, and when he replied that he had no money, all the accused slapped him and one of the accused - Babu pulled out a sum of Rs.1,200/- from the counter of the shop. Pursuant thereto, the aforesaid complaint was lodged. The applicant is in custody since July, 2019. The applicant has no antecedents. Investigation is complete and charge-sheet is filed.

4.

Considering the aforesaid, the application is allowed on the following terms and conditions:-

ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/-with one or more local sureties in the like amount; ii) The Applicant shall inform his latest place of residence and mobile

3/3 contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing; iii) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;

iv) The Applicant shall co-operate in the conduct of the trial and shall attend the trial Court on every date of hearing, unless exempted by the trial Court.

5.

The Application is allowed and disposed of in above terms. 6.

It is made clear, that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. 7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.