Shaikh Mohammad Mudassir S/O Mohammad Mohsin v. The State Of Maharashtra

2024:BHC-AUG:27266

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 ANTICIPATORY BAIL APPLICATION NO. 1479 OF 2024 SHAIKH MOHAMMAD MUDASSIR S/O. MOHAMMAD MOHSIN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant: Mr. Deshmukh Saud Ahemad N A APP for Respondent/State: Mrs. M. L. Sangit ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 21.11.2024 P.C. :

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

2] The applicant is apprehending arrest in connection with Crime No.0192 of 2024, registered at Jinsi Police Station, District Aurangabad, for the offences punishable under Sections 351(2), 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023.

3] Perused the papers. The allegation in the FIR is that the applicant has given fake certificate by taking Rs.3,000/- to the person so as to enable the person to travel to Saudi. The co-accused has taken various amount of money from around 31 persons and has defraud them by

not sending them to Haj. However, as regards the present applicant is concerned there is absolutely no statement from any one of the defrauded person that they have paid the amount to the present applicant for travel to Haj. The accused no.1 is prima facie is the main accused in the matter. Applicant is the relative of accused no.1. 4] In view of the above, the application is allowed in the following terms :

i] In the event the applicant is arrested in connection with Crime No.0192 of 2024, registered at Jinsi Police Station, District Aurangabad, for the offences punishable under Sections 351(2), 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. ii] The applicant shall attend the police station as and when required by the Investigating Officer. iii] 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.

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

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

6] 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.

7] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe