Shafique Ahmed Sartaj Husain v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2218 OF 2024 Shafique Ahmed Sartaj Husain ...
Applicants V/s.
State of Maharashtra ...
Respondent ------------------- Mr. Nikhil Hire with Mr. Soham Powar, Sompada Patil and Ashish Kumar Srivastava, for the applicant.
Ms. Geeta Mulekar, APP, for the Respondent / State. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.08.31 12:22:06 +0530 VARSHA DEEPAK GAIKWAD
CORAM
:
ANIL S. KILOR, J.
DATE :
29TH 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.202 of 2023, registered with Chavni Police Station, Nashik for the offences punishable under Sections 417, 418, 419, 420, 465, 466, 467, 468, 471, 34 and 120(B) of the Indian Penal Code and Section 82 of the Registration Act.
3.
After having gone through the charge-sheet and the material collected by the IO during the investigation, it is evident that the role attributed to the applicant was that he was working as a
mediator in the alleged transaction whereby alleged cheating was committed.
4.
Except the above referred role attributed to the applicant, there is noting against the applicant. Furthermore, the co-accused in their statements named the applicant. However, considering the well settled law that the statement of the co-accused cannot be the basis to implicate anyone as an accused, I am of the opinion that since the charge-sheet has been filed, further custody of the applicant is not necessary. Though the learned APP is strongly opposing the application, the application needs to be allowed. Accordingly, I pass the following order:
ORDER
(i) Criminal Bail Application is allowed and disposed of; (ii) It is directed that the applicant shall be released on bail in Crime No.202 of 2023, registered with Chavni Police Station, Nashik for the offences punishable under Sections 417, 418, 419, 420, 465, 466, 467, 468, 471, 34 and 120(B) of the Indian Penal Code and Section 82 of the Registration Act., on furnishing P.R.Bond of Rupees Twenty-five Thousand with one solvent surety in the like amount;
iii) The applicant shall attend the said Police Station on 1st day of every month between 10.00a.m to 11.00 a.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;
v) 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)