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Bombay High CourtBA/1215/2024rejected

Jumman Shah Suleman Shah @ Jumman Kalya v. State Of Maharashtra

2024-08-14Hon'Ble Shri Justice Anil S. Kilor2 pages

42-BA-1215-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1215 OF 2024 Jumman Shah Suleman Shah @ Jumman Kalya ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Anurag Agarwal i/b Narendra Kalpoth, for the applicant. Mr. Pankaj P. Deokar, APP for State-Respondent. CORAM:- ANIL S. KILOR, J.

DATED:- 14th AUGUST, 2024 PC :- 1) Heard.

2) By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No. 144 of 2023 registered with Azad Nagar Police Station, Dist. Nashik Rural for the offences punishable under Sections 457, 120-B and 380 of the Indian Penal Code, 1860 and Section 142 of Maharashtra Police Act. 3) Having gone through the charge-sheet and the material collected by the Investigating Officer during the investigation, it is evident that there is sufficient incriminating material collected and available to show the prima facie involvement of the applicant in the alleged offence. The 1/2

42-BA-1215-24.DOC finger prints obtained from the scene of the occurrence match with the finger prints of the applicant. Furthermore, there is recovery of about Rs.6,00,000/- from the applicant.

4) In the circumstances, though the offence was registered against the unknown persons and though it is argued by the learned Counsel for the applicant that the applicant was not named, the investigation shows the complicity of the applicant in the alleged offence. 5) In that view of the matter, since there is sufficient incriminating material available on record to connect the applicant with the alleged offence, I do not find the present case as fit case for grant of bail. Accordingly, the application is rejected and disposed of. [ANIL S. KILOR, J.] 2/2