← Library
Bombay High CourtABA/1928/2017others disposed off

Karar Hussain Gulam Ali Ansari v. The State Of Maharashtra

2019-01-04Hon'Ble Shri Justice Prakash D. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1927 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 1928 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 1929 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 1930 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 1931 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 1932 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 1933 OF 2017 Karar Hussain Gulam Ali Ansari ... Applicant Vs.

The State of Maharashtra ... Respondent ...

Mr. M.F.N. Momin for the applicant.

Mr. S.V. Marwadi for the intervenor.

Ms. A.A. Takalkar, APP for the Respondent-State. Mr. Sameer Desai, Legal Officer, Torment Power is present. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 4th JANUARY, 2019.

P.C.

1.

The applicant is apprehending arrest in connection with the complaints registered against the applicant vide CR No. II-6256 of

2016, CR No.II-1325 of 2017, CR No. II 6258 of 2016, CR No. 842 of 2012, CR No. II-840 of 2012, CR No. 2231 of 2010, CR No. 6257 of 2016 for offence punishable under Section 135 of Indian Electricity Act.

2.

By order dated 25th April, 2018, the applicant advocate had tendered affidavit-cum-undertaking of the applicant dated 24th April, 2018 which was taken on record. In the said affidavit, it was stated that till date, the applicant had deposited an amount of Rs.9,97,015/-. It was also submitted that in addition to aforesaid amount, the applicant has deposited an amount of Rs.6,98,551/- in cash. The applicant had also undertaken to deposit the sum of Rs.4,04,434/- with Respondent No.2 directly. Learned advocate Mr. Marvadi appears for the respondent-complainant that he had tendered the chart containing the details of amount due from the applicant. It is stated that applicant was supposed to pay an amount of Rs.4,45,699/. The amount of Rs.4,43,092/- has been paid to Torrent Power vide Demand Draft dated 8th August, 2018. The photocopy of the demand draft is tendered by the learned counsel for the applicant. It is submitted by the learned counsel for the applicant that there are no further dues to be paid to the complainant in respect to subject matter of present complaint.

Said fact is confirmed by the officer of the complainant who is present in the Court. In the circumstance, interim order dated 8th November, 2017 deserves to be confirmed.

ORDER

i) Anticipatory Bail Application Nos. 1927 of 2017, 1928 of 2017, 1929 of 2017, 1930 of 2017, 1931 of 2017, 1932 of 2017 and 1933 of 2017 are allowed;

ii) Interim order dated 8th November 2017 is confirmed; iii) In the event of arrest of the applicant in the subject crime registered with MSCDCL Police Station, Kalyan for the offence punishable under Section 135 of the Indian Electricity Act, the applicant shall be released on bail on his executing P.R. Bond in the sum of Rs.15,000/- and on furnishing surety in like amount, in each application;

iv) Anticipatory Bail Application Nos. 1927 of 2017, 1928 of 2017, 1929 of 2017, 1930 of 2017, 1931 of 2017, 1932 of 2017 and 1933 of 2017 stand disposed off.

( PRAKASH D. NAIK, J. )