Zulfikar Kasam Momin v. The State Of Maharashtra

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2021.08.09 14:52:27 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2338 OF 2018 Zulfikar Kasam Momin ...Applicant

Versus

1. The State of Maharashtra

2. Nagesh Samar Bahadur Singh

...Respondents

ALONGWITH ANTICIPATORY BAIL APPLICATION NO. 2482 OF 2018 Satish Kailashnath Singh ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Trupti Khamkar i/b Mr. S.V.Marwadi for the Applicant in ABA 2338 of 2018.

None present for the Applicant in ABA No.2482 of 2018. Ms. Anjali N. Helekar for the Respondent No.2 in ABA 2338 of 2018. Mr. P.H.Gaikwad-Patil, A.P.P for the Respondent-State. API Mr. Abadagire from Kasturba Marg Police Station. CORAM : REVATI MOHITE DERE, J.

DATE : 7 th AUGUST, 2021 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the Applicants seek pre-arrest bail in 1/4

connection with C.R.No. 495 of 2018 registered with the Kasturba Marg Police Station, Borivali (East), Mumbai, for the alleged offences punishable under Sections 45, 447, 451, 141, 143, 149, 341, 452, 504 and 506 of the Indian Penal Code.

3.

Vide order dated 21st November, 2018, this Court (Coram: Nitin W. Sambre, J) granted interim protection to the Applicant in ABA No.2338 of 2018 and vide order dated 4th December, 2018, this Court (Coram : Prakash D. Naik, J) granted interim protection to the Applicant in ABA No. 2482 of 2018, on certain terms and conditions. 4.

Learned Counsel for the Applicant in Anticipatory Bail Application No. 2338 of 2018 states that pending the aforesaid applications, the Police have filed the chargesheet in the said case and pursuant to the filing of chargesheet, the Applicants have been enlarged on regular bail.

5.

Learned APP does not dispute the fact, that chargesheet has been filed against both the Applicants in the aforesaid applications and both the applicants have been released on regular bail. Statement accepted. Learned APP has tendered a report dated 7th August, 2021 of API 2/4

Abadagire, Kasturba Marg Police Station, Mumbai. The same is taken on record.

6.

Considering the aforesaid, the interim orders dated 21st November, 2018 and 4th December, 2018 stand confirmed on the following terms and conditions;

ORDER

(i) In the event of the arrest, the Applicants be enlarged on bail on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;

(ii) The Applicants shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case; (iii) The Applicants shall inform his latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time, to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(iv) The Applicants to co-operate in the conduct of the trial; 3/4

7.

The applications are allowed in the aforesaid terms and are accordingly disposed of.

8.

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

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