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Bombay High CourtABA/746/2024disposed off

Jakir Rashid Shaikh And Another v. The State Of Maharashtra And Another

2025-03-03Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:6207

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 50 ANTICIPATORY BAIL APPLN NO. 746 OF 2024 1] JAKIR RASHID SHAIKH 2] ASIF RASHID SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ..

Advocate for Applicant : Mr.Sohail Subhedar h/f. Mr.N.S.Ghanekar APP for Respondent-State : Mr.S.P.Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03.03.2025 P.C. :

1] Heard learned counsel for the applicants and the learned APP for the respondent-State.

2] The applicants are apprehending arrest in connection with Crime No. 0380 of 2022 registered with Phulambri Rural Police Station, Dist. Aurangabad, for the offence punishable under Sections 378, 379, 405, 406, 409, 420, 465, 468, 471, 120-B of the IPC.

3] This Court, by order dated 18.06.2024, has granted interim protection in favour of the applicants.

4] The learned counsel for the applicants submits that in terms of the aforesaid order, the applicants have attended the concerned police station and have co-operated with the investigation. He further submits that this Court, by order dated 27.02.2023 in ABA No.1698 of 2022, has granted anticipatory bail in favour of the co-accused, namely, Sandeep Rustumrao More. He further submits that the applicant in ABA No.1698 of 2022 had prepared forged passes and issued to the three wheeler and two wheeler vehicles and the applicant therein is the Forester working in Forest Department. It is further alleged that he has issued passes to fictitious vehicles which cannot transport wood. He further submits that there is no direct role of the present applicants in the alleged crime. The applicants have Finance Company, which has given finance to the company involving transportation.

5] Considering that in terms of interim order, the applicants have attended the concerned police station and have co-operated with the investigation, so also, considering that this Court by order dated 27.02.2023 in ABA No.1698/2022 has granted anticipatory bail in favour of coaccused, the interim protection granted by this Court by order dated 18.06.2024 stands confirmed, in the following terms :

i] The applicant shall attend the police station once a month for a period for four months from today.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC