Naeem Mohd. Iqbal Bhati And ANR v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1373 OF 2018 Naeem Mohd. Iqbal Bhati and Anr.
...Applicants V/s.
The State of Maharashtra ... Respondent ----- Mr.Rishi Bhuta i/b. Mr. P.R.Yadav for the Applicants. Ms.Pallavi N.Dabolkar, APP for the Respondent -State. ----- CORAM : MRS. MRIDULA BHATKAR, J.
DATE : 29 NOVEMBER 2018 P.C.:
1.
This application is directed against the order dated 16.11.2018 passed by the learned Special Judge, City Civil and Sessions Court, Gr. Bombay, thereby canceling the anticipatory bail granted by the learned Addl. Sessions Judge, for Greater Bombay vide order dated 15.01.2018.
2.
The applicants/accused are facing charges under Sections 420, 465, 468, 471, 506 read with 34 of the India Penal Code. The offence was registered in the month of January, 2016. Thereafter, for two years, the police did not arrest the applicants/accused. In the month of January 2018, the applicants/accused obtained anticipatory bail. While granting anticipatory bail, the learned Addl. Sessions Judge imposed a condition on the applicants/accused to furnish 1/3
solvent sureties, but from January 2018 till date, the applicants/accused did not furnish solvent sureties.
3.
It is the case as pleaded by the learned prosecutor that the applicants /accused have not furnished solvent sureties inspite of a number of summons issued to them. The police moved an application for cancellation of the anticipatory bail before the Sessions Court. It is the case of the prosecution that the applicants/accused have not produced the documents, which are required. 4.
The learned counsel for the applicants/accused points out a number of entries of the attendance of the applicants/accused from January 2018 to 14.03.2018 and submits that the applicants/accused are ready to furnish the solvent sureties if some time granted.
5.
In view of the above submissions, I pass the following order :
ORDER
(i) The applicants/accused are directed to furnish solvent sureties as per the order dated 15.01.2018 passed by the learned Addl. Sessions Judge for Greater Bombay and to comply with the said order on or before 18.12.2018. If the solvent sureties are not furnished and there is no 2/3
compliance, then the order of cancellation of the anticipatory bail dated 16.11.2018 passed by the learned Special Judge, City Civil and Sessions Court, Gr. Bombay will come into force forthwith;
(ii) The applicants/accused to furnish all the documents, which are required by the police;
(iii) The applicants/accused are directed to attend concerned police station from tomorrow i.e., 30.11.2018, on alternate days till 18.12.2018 between 10.00 a.m. to 12.00 noon;
6.
With this, Criminal Application is disposed of. 7.
Parties to act upon an authenticated copy of this order. (MRIDULA BHATKAR, J.) 3/3