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Bombay High CourtBA/473/2017allowed

Arshad Mehmood S/O Mehmood Suleman Ansari v. State Of Maharashtra, Thr. P.S.O. P.S Ajani, Nagpur

2017-07-19Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba473.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 473 OF 2017 (ARSHAD MEHMOOD S/O. MEHMOOD SULEMAN ANSARI ....VS.. STATE OF MAH.THR.P.S.O., AJANI, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Sheetal Deshpande, Advocate for Applicant. Shri Neeraj Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JULY 19, 2017.

Heard.

The applicant is arrested on 19th August, 2016 in connection with Crime No. 163 of 2015 registered for the offences punishable under Sections 419, 420, 468, 120-B of the Indian Penal Code and Section 66(C) and 66(D) of the Information Technology Act, 2000. The crime is registered on the complaint of Ms Elishaba Vivian Demoraise that giving assurance of providing job in Schlumberger Oil and Gas Company, United States, the complainant was asked to supply certain documents and to deposit some amount which she did, however, subsequently, it was found that she was cheated and fraud is played on her.

The learned advocate for the applicant has pointed out that four co-accused are released on bail. It is submitted that investigation is complete and charge-sheet is filed and further custody of the applicant is not required by the Investigating Agency.

2 ba473.17 The application is opposed on the ground that the applicant is habitual offender and earlier also two crimes for similar offences are registered against him. It is further stated that three accused are absconding.

Be that as it may, as the non-applicant has not been able to point out that further custody of the applicant is required for investigation and the Investigating Agency has not expressed apprehension that if the applicant is released on bail there is a chance of repetition of similar crime, following order is passed:

The applicant having been arrested in connection with Crime No.163 of 2015 registered by the non-applicant, he be released on bail on executing P.R. Bond for Rs.Fifty Thousand and furnishing two solvent sureties in the like amount.

The advocate for the applicant has submitted that both the persons furnishing solvent sureties will be permanent residents of Nagpur. The statement is accepted and it is directed that the applicant be released after solvent sureties are furnished by two persons who are permanent residents of Nagpur.

The applicant shall attend the trial regularly on every date unless granted exemption by the trial Court. The application is allowed in the above terms. JUDGE RRaut..