Sarfaraz Jaffar Ahsan v. The State Of Maharashtra And ANR

1/4 BA-3113-2019 (SR.902)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3113 OF 2019 Mr. Mohd. Sarfraz Jaffar Ahsan @ Amar Anup Khanna @ Raj Applicant ...

V/s.

1. The State of Maharashtra (At the instance of DCB, CID, Unit,IX, Bandra) ....Respondent **** Mr. Aabad Ponda a/w. Mr. Yashesh Pajwani i/by. Ms. Yogeeta S. Gokhale, Advocate for the applicant. Mr. Ajay Patil, APP for the State-respondent no.1. Ms. H.I. Sirguroh, Advocate for respondent no.2. CORAM :

CORAM : SANDEEP K. SHINDE, J.

SANDEEP K. SHINDE, J.

Thursday, 14 Thursday, 14th th November, 2019.

November, 2019.

P.C. :

P.C. :

1.

The applicant is seeking enlargement on bail in Crime No.10 of 2019 registered with Crime Branch, DCB, CID, Zone-IX for the offences

2/4 BA-3113-2019 (SR.902) punishable under Sections 406, 419, 420, 467 read with Section 34 of the Indian Penal Code.

2.

There are four accused in the subject crime. One is released on regular bail. The Anticipatory Bail Applications of two accused are pending before the learned Sessions Court.

3.

Mr. Ponda, learned Counsel for the applicant has taken me through the application and in particular Ground (f). In support of this, he has invited my attention to the Affidavit sworn by the complainant on 13 th November, 2019. In paragraphs-5 and 6 of the Affidavit, the complainant has stated that he has no objection if the applicant is released on bail. It appears that the dispute between the complainant and this applicant has been settled. The applicant has agreed to pay sum of Rs.19,22,24,356/- to the complainant within six months from the date he is physically released on bail from the jail.

3/4 BA-3113-2019 (SR.902) 4.

The complainant confirms the averments in the affidavit. In view of the facts stated hereinabove, the following order is passed :

ORDER

(i) The Bail Application is allowed.

(ii) The applicant is directed to be released on bail in C.R. No.10 of 2019 registered with Crime Branch, DCB, CID, Zone-IX on furnishing P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned Police Station as and when called.

(iv) The applicant shall furnish the particulars of his latest place residence and mobile contact number and/or change of residence or mobile details, if any, to the Investigating Officer of the Police Station concerned within seven days from

4/4 BA-3113-2019 (SR.902) today;

(v) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

5.

List this Application for compliance of the Undertaking on 20 th April, 2020.

(SANDEEP K. SHINDE, J.)