Mohsin Noormohammed Shaikh v. The State Of Maharashtra
14.aba.2445.2019.odt dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2445 OF 2019 Mohsin Noormohammed Shaikh ... Applicant Vs The State of Maharashtra & Anr.
... Respondents Mr. Milan Desai i/b Mr. T.R.Patel for the Applicant Smt. S.V.Sonawane APP for the Respondent/State. CORAM : N. J. JAMADAR, J.
DATE : 4 th SEPTEMBR, 2021 P.C. :
Heard the learned counsel for the applicant and the learned APP for the respondent/state. Perused the material on record including the First Information Report (for short "FIR") dated 5th June, 2019.
2.
By an order dated 30th January, 2020 this Court was persuaded to grant an interim relief and direct the release of the applicant on bail, in the event of arrest, as the FIR does not disclose prima facie complicity of the applicant.
The aforesaid observation appears to be impeccable. From the perusal of the FIR lodged by Rakesh Kalani, it becomes abundantly clear that the thrust of the allegations is against the father of the applicant, namely, Noormohmmad Shaikh. The only
14.aba.2445.2019.odt allegation against the applicant is that he used to sit in the offce of the R.N. Builders and Developers at Ashok Market and the receipts were issued by Noormohmmad, the father of the applicant and the applicant. However, it is specifcally alleged that those receipts were signed by the father of the applicant.
In the aforesaid circumstances, custodial interrogation of the applicant does not seem warranted. Hence, the applicant is entitled to be released on bail, in the event of arrest. Thus, the following order.
O R D E R
1.
The application stands allowed.
2.
Interim order dated 30th January, 2020 stands confrmed on the same terms and conditions.
3.
In addition the applicant shall regularly attend the proceedings in the case C.C.No.344/PW/2020 before the jurisdictional court.
4.
The application stands disposed of accordingly. DHANAPPA ERAPPA KOSHTI ( N. J. JAMADAR , J. ) DHANAPPA ERAPPA KOSHTI Date: 2021.09.08 16:22:49 +0530