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Bombay High CourtABA/2545/2018others disposed off

Jafar Ajmad Khan v. The State Of Maharashtra

2019-03-29Hon'Ble Shri Justice A.S. Gadkari2 pages

osk 21-aba-2545-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2545 OF 2018 Jafar Ajmad Khan ...

Applicant V/s.

The State of Maharashtra ...

Respondent ----- Mr.A.A. Mirza a/w. Mr.A.S. Sayyed for Applicant. Mr.R.M. Pethe, A.P.P. for Respondent-State.

Mr.Dilip Khadtare, PSI, Waliv Police Station, District Palghar. CORAM : A.S. GADKARI, J.

DATE : 29th March 2019.

P.C. :

1] By an order dated 12th December 2018 the applicant was granted interim relief and was directed to attend the Investigating Officer of the concerned Police Station on stipulated dates, to join the process of investigation.

2] The record indicates that the co-accused, namely, Rakesh Gupta was the co-purchaser with the applicant of the property inquestion. The co-accused Rakesh Gupta has been granted pre-arrest bail 1/2

osk 21-aba-2545-2018.odt by this Court by its order dated 6th August 2018. The applicant is similarly situated and has played similar role as that has been attributed to Rakesh Gupta.

3] In view thereof, the applicant is entitled to be protected by pre-arrest bail on the ground of parity.

Interim relief, granted by order dated 12th December 2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

4] Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] 2/2