Shaikh Zubair Shaikh Shahenshah v. The State Of Maharashtra

1 Application 7123 of 2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Criminal Application No.7123 of 2014 Shaikh Zubair Shaikh Shahenshah.

.. Applicant.

Versus

The State of Maharashtra.

.. Respondent.

-------- Shri. Mohsin Khan, Advocate, for applicant.

Shri. M.M. Nerlikar, Additional Public Prosecutor, for respondent.

-------- CORAM: T.V. NALAWADE, J.

DATE : 19th JANUARY 2015 ORDER:

1) The application is filed for bail. Both the sides are heard. This Court has perused papers of investigation. 2) Crime is registered on the basis of report given by one Narayan Aglawe. He has made allegation against one Sayyed Gous Sayyad Maqdum. He has contended that this person had represented to him that there was large number of currency notes of 100 rupees denomination

2 Application 7123 of 2014 with his employer and he wanted to exchange them and he would give more amount than the value of the currency notes. Initially, on two occasions when currency notes of Rs.100/- denomination were given the complainant did not find any suspicion about those notes. He has contended that there was promise to give currency notes of Rs. 3 lakh of 100 rupees denomination in return of one lakh rupees of other denominations. After receiving information trap was accordingly led. Said person came with the notes, the trap became successful. It was noticed that the notes were of children used for playing and they were not even counterfeit currency notes. It is contended that present applicant was standing outside of the premises where trap was led. Present applicant was associate of Sayyed Gous.

3) The applicant is behind the bars since 6-112014. In view of nature of allegations made against the applicant and the nature of aforesaid material, this Court holds that it is not desirable to keep the applicant behind the bars till disposal of the case.

3 Application 7123 of 2014 4) In the result, the application is allowed. The applicant is to be released on bail in Crime No.198/2014 registered in Kotwali Police Station, District Parbhani, for offence punishable under sections 420, 34 of the Indian Penal Code on his furnishing PR and SB of Rs.15,000/-. He is not to tamper with prosecution witnesses. He is not to commit similar offences.

Sd/- (T.V. NALAWADE, J. ) rsl