Iliyas Ismail Sayyed v. The State Of Maharashtra

1 8) aba2451-18.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2451 OF 2018 Iliyas Ismail Sayeed ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.Harshad E.Palwe with Chetan S.Damre i/b. Abdul Razzak Shaikhfor the applicant.

Smt.J.S. Lohokare, APP for the respondent-State. CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 15, 2019 P.C.:- Heard learned counsel for the applicant and learned APP for the State.

2.

In crime No.I-172/2018 for offence punishable under sections 320, 120B, 307, 324, 323, 147, 148, 149, 504, 506 read with 34 of the Indian Penal Code registered with Manmad police station, Taluka Nandgaon, District Nashik, the applicant is seeking pre-arrest bail.

3.

The submissions of learned counsel for the applicant are, in the F.I.R. no specific role is attributed to the applicant of an

2 8) aba2451-18.doc active involvement in the crime. It is out of an old business competition of selling goods at railway platform, the applicant is falsely implicated.

4.

Learned APP opposed the claim.

5.

The applicant is specifically named in the statement with an active role. The investigation in the matter is still in progress and co-accused has specifically named the applicant with an active role which statement at this stage can be considered to ascertain proper investigation.

6.

Apart from above, there are antecedents and an order under section 82 of the Criminal Procedure Code of Proclamation is already issued against the applicant.

7.

In the aforesaid backdrop, no case for bail is made out. The application is rejected.

(NITIN W. SAMBRE, J.)