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Bombay High CourtAPPLN/6643/2014disposed off

Shaikh Mubin Shaikh Iqbal v. The State Of Maharashtra

2015-01-28Hon'Ble Shri Justice T.V. Nalawade2 pages

Cri. Appln. No. 6643/2014

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRI.APPLN/6643/2014 SHAIKH MUBIN SHAIKH IQBAL V/S THE STATE OF MAHARASHTRA Mr. N.N. Desale, Advocate for applicant.

Mr. N.B. Patil, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 28th January, 2015.

ORDER :

1.

The application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation. By way of precaution, this Court has directed to produce record to see that he does not flee after getting released on bail. Some record in respect of immovable property is produced and it appears that the investigating agency has verified that record and it is certain that his father owns agricultural land. 2.

The crime is registered on the basis of report given by one Sanjay. He is a truck driver. On 13.7.2014 he was taking the steel worth more than Rs. 4,20,000/- in his truck and he was transporting it. He has made allegations that his truck was intercepted by another truck and four persons robbed them and

Cri. Appln. No. 6643/2014 they were detained and kept at a place by tying them down. These persons were not known to Sanjay.

3.

Chargesheet is filed. The test identification parade was held and the present applicant has been identified by Sanjay. However, the submissions made show that the steel has been recovered. The applicant has no bad antecedents. He has been behind bars since 24.7.2014. It is not certain as to how much time will be required for disposal of the case. In view of these circumstances, this Court holds that bail can be granted to applicant , subject to some conditions.

4.

In the result, the application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 30,000/- (Rupees thirty thousand) with one solvent surety of like amount. He is not to tamper with the prosecution witnesses. He is not to commit similar offence. He is not to leave Maharashtra without prior permission of Aurangabad Sessions Court. He is to attend the case regularly.

[ T.V. NALAWADE, J. ] ssc/