Mohd. Raghib Mohd. Zakir v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1897 OF 2024 Mohd. Raghib Mohd. Zakir ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Ms. Saba Shaikh a/w. Mr. Abdul Mannan P. Ansari, for the applicant. Ms. Veera Shinde, APP, for the Respondent/State. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.08.19 18:26:04 +0530
CORAM
:
ANIL S. KILOR, J.
VARSHA DEEPAK GAIKWAD DATE :
19TH 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.576 of 2023, registered with Chaturshrungi Police Station, Pune City, for the offences punishable under Sections 419 and 420 r/w 34 of the Indian Penal Code and Section 66(c) and 66(d) of the Information Technology Act, 2000.
3.
The learned counsel for the applicant submits that the only allegation against the applicant is that he received Rs. 3,56,000/- which he has transferred to the main accused who is absconding. It is pointed out that he is having a common services centre under the e-
governance Services India Limited, wherein he provides the facility of transfer of money under which he received the money and then he transferred it to the accused no. 1. It is submitted that however, he is nowhere related or connected with the present offence. 4.
On the other hand, the learned APP strongly opposed the application on the ground that he had received part amount in his account.
5.
Having gone through the charge-sheet and the relevant material collected by the IO during the investigation, it is evident that the applicant is in jail from last about 1 year and there is a document showing that he is running a shop wherein he provides various services including money transfer. He possess the certificate issued by egovernance Services India limited for common service centre. 6.
Thus, Prima facie there is evidence to show that as a part of his occupation i.e. to provide services to the consumers, he received the amount and it was transferred to the accused no. 1. 7.
In the present matter, the charge-sheet has been filed and considering the period of incarceration and the above referred facts, I am of the opinion that further custody of the applicant is not necessary. Accordingly, I pass the following order:
ORDER
(i) Criminal Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on
bail in Crime No.576 of 2023, registered with Chaturshrungi Police Station, Pune City, for the offences punishable under Sections 419 and 420 r/w 34 of the Indian Penal Code and Section 66(c) and 66(d) of the Information Technology Act, 2000, on furnishing P.R.Bond of Rupees Fifty Thousand with one local solvent surety in the like amount;
iii) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st day of every month between 2.00 p.m. to 3.00p. m., till the conclusion of the trial except on the date of trial.
iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
v) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence;
vi) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.
(ANIL S. KILOR, J)