Saquib Shaikh @ Saquib Nisar Ahmed Siddique And ANR v. The State Of Maharashtra

1/2 4-ABA-2154-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2154 OF 2016 Mr. Saquib Shaikh @ Mr. Saquib Nisar Ahmed Siddiquie & Anr.

... Applicants Vs.

The State of Maharashtra ... Respondent ......

Mr. A.A.Siddiqui i/by A.A.Siddiquie & Associates , Advocate for the Applicants.

Mr. N.B.Patil , APP for the State.

......

CORAM : N. W. SAMBRE, J.

DATE : 19th December, 2016 P.C.

Heard learned counsel for the Applicant.

The Applicants are seeking pre-arrest bail in Crime No.340 of 2016 for the offence punishable under Sections 406, 352, 504, 506 read with Section 34 of the IPC. While trying to make out case for pre-arrest bail, my attention is invited the fact that one of the co-accused is already informed to have released on bail i.e., Accused No.1-Swaliya Shaikh. He would submit that vehicle which is the subject matter of

2/2 4-ABA-2154-2016 the crime is already recovered and custodial interrogation of the applicant is not warranted.

The learned APP opposed the application on the ground that custodial interrogation of the applicants is necessary to find out involvement of the Applicants in the crime similar to one in which bail is sought.

Perused the papers.

Even if it is presumed that vehicle bearing no.MH-02BG-5238 Scorpio is already recovered which is the subject matter of crime still there is enough material to infer prima-facie involvement of the Applicants in the crime in question. There is case for custodial interrogation.

As such, Anticipatory Bail Application stands rejected. (N. W. SAMBRE, J.)