Sarwar Husain Jakir Khan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 924 OF 2024 YUGANDHARA SHARAD PATIL Sarwar Husain Jakir Khan .... Applicant by YUGANDHARA SHARAD PATIL Date: 2024.04.10 15:07:28 +0530

Versus

The State of Maharashtra .... Respondent ______ Mr. A.M. Moorthy, for the applicant.

Ms. Mahalakshmi Ganapathy , APP for the State/Respondent. ______ CORAM :SARANG V. KOTWAL, J.

DATE : 5th APRIL, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R No. 221 of 2023, registered at R.A.Kidwai Marg Police Station, Mumbai, on 07/07/2023, under Sections 420, 465, 467, 468, 471 r/w 34 of the Indian Penal Code.

2.

Heard Mr.Moorthy, learned counsel for the Applicant and Ms. Ganapathy, learned APP for the Respondent-State. 3.

The FIR is lodged by one Hirenkumar Parmar. He was

having Innova car . He was going towards Ankolwadi, Gujarat. At that time, one recovery agent of Hero Fincorp Finance stopped him and told him that there was vehicle loan of Rs. 21 lakhs of the said company. It was still unpaid. The informant showed NOC of the said Company. However, the said agent told him that the said NOC was forged. The informant made inquiries with the previous owner Abdulla Shaikh and Rehan Patel who in turn named the present Applicant as the previous owner who in turn told that he had purchased it from one Narendra Kumar. The informant realised that he was cheated and then he lodged this FIR. 4.

Learned counsel for the Applicant submitted that the Applicant is an agent and he is not concerned with the loan on the said vehicle.

5.

Learned APP submitted that the investigation has revealed that the ownership of the car had changed in a chain and it is necessary to trace at what point of time this forged letter was prepared.

6.

At this stage, except for suspicion, there is no material against a particular accused. Therefore, it is necessary that the Applicant appears before the Police to explain his position. Considering this, as of today, the Applicant can be protected by way of ad interim relief with direction to attend the concerned Police Station. Hence, the following order.

ORDER

(i) In the event of his arrest in connection with C.R No. 221 of 2023, registered at R.A.Kidwai Marg Police Station, Mumbai, till the next date, the Applicant is directed to be released on bail on his executing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) This order shall operate till 06/ 05/2024.

(iii) The applicant shall attend the concerned Police Station on 22nd, 23rd and 24th April 2024 between 1.00 p.m. to 5.00 p.m. and thereafter as and when called. The

Applicant shall co-operate with the investigation. (iv) Stand over to 06/05/2024.

(SARANG V. KOTWAL, J.)