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Bombay High CourtABA/99/2025allowed

Hakim Jafar Sheikh v. The State Of Maharashtra Thr. Dhantoli Police Station Nagpur

2025-05-07Hon'Ble Justice Urmila Joshi Phalke2 pages

2025:BHC-NAG:4991 6aba99.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 99 OF 2025 Mr. Hakim Jafar Sheikh Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.H. Mansuri, counsel for applicant.

Mr. Anant Ghongre, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 07/05/2025.

1.

By by this application, the applicant is seeking prearrest bail in connection crime No. 515/2024, registered with Police Station Dhantoli, Nagpur for the offence punishable under Section 61(2), 351(2), 318(4), 316(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2.

Heard learned counsel for the applicant, who submitted that applicant is having apprehension of arrest at the instance of police, as crime is registered on the basis of a report lodged by Kiran Satish Patil. He submitted that, in fact, the applicant is one of the victims of the crime. There are about 50 to 55 victims who have been cheated by the accused persons. He further submitted that the main accused has prepared a forged loan application therefore, he be protected by granting anticipatory bail.

3.

Although the learned APP strongly opposed the application, he admitted that during the investigation, it was revealed that the applicant is one of the victims. Considering rkn

6aba99.2025.odt this, the interim protection granted to the applicant deserves to be confirmed. Accordingly, I proceed to pass the following order.

a] The criminal application is allowed.

b] The interim protection granted to the present applicant by order dated 20/02/2025 is hereby confirmed on the condition that he shall attend the concerned police station as and when required for the investigation purpose.

c] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

The criminal application is disposed of accordingly.

[URMILA JOSHI-PHALKE, J.] rkn