Yakhub Mahebub Shaikh v. State Of Maharashtra

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2022.12.20 19:31:50 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO.3461 OF 2022 Yakhub Mahebub Shaikh ..Applicant vs.

State of Maharashtra ..Respondent Mr. Manan K. Shah, for applicant.

Mr. N.B. Patil, APP for respondent-State.

CORAM : M. S. KARNIK, J.

DATE : DECEMBER 20, 2022 P.C. :

1.

Heard learned counsel for the applicant and learned APP.

2.

This is an application for pre-arrest bail. The applicant is apprehending arrest in connection with FIR No. 144 of 2021 registered with Sakinaka Police Station for the offence punishable under sections 138 of the Electricity Act, 2003.

3.

Learned APP has placed on record the report dated 12/12/2022 of the Investigating Officer. This pertains to

the allegation of the applicant committing electricity theft by climbing on top of the pole and tampering with the wire. The Investigating Officer has examined the pen-drive on the basis of which it is alleged that the applicant is involved in the alleged offence. After investigation and pursuant to the issuance of the notice under section 41 of the Code of Criminal Procedure, the Investigating Officer has reported that presently, custody of the applicant is not required. Copy of the report is taken on record.

4.

In this view of the matter, the application deserves to be allowed. Hence, the following order.

O R D E R

(a) In the event of arrest of the applicant in connection with FIR No. 144 of 2021 registered with Sakinaka Police Station, the applicantYakhub Mahebub Shaikh be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to

dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence;

(c) The applicant shall attend the concerned police station as and when required by the Investigating Officer.

5.

The anticipatory bail application is disposed of. (M. S. KARNIK, J.)