Masfira Mohamed Arif @ Masfira Moin Nawaz Chashmawala v. The State Of Maharashtra

911_ABA_1933_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1933 OF 2024 Masfira Mohamed Arif @ Masfira Moin Nawaz Chashmawala ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Rajendra Rathod a/w. Mr. Sohail Ahmed for applicant. Mr. Mayur S. Sonavane, APP for respondent-State. Mr. Santosh J. Shinde, H.C., E.O.W., Pune Rural. CORAM : MANISH PITALE, J.

DATE :

09th OCTOBER, 2024 P.C. :

.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

By order dated 15.07.2024, interim relief was granted in favour of the applicant, subject to specific conditions, including a direction to remain present before the investigating officer on 18.07.2024 and thereafter, as and when called by the investigating officer.

3.

The learned APP submitted, on instructions, that the applicant has indeed remained present before the investigating officer and that she has been co-operating with the investigation.

4.

While granting interim relief to the applicant, in the order dated 15.07.2024, this Court had observed as follows: Digitally signed by PRIYA KAMBLI Date:

2024.10.09 18:30:36 +0530 PRIYA KAMBLI 1/2

911_ABA_1933_24.doc "3.

In the present case, the informant has alleged that a bungalow located in Khandala, belonging to her father, was sold to the applicant, her mother and sister on the basis of a power of attorney, which was a forged document. The accused No.1 is the purported power of attorney holder. 4.

The documents on record show that when the registered sale deed was executed by the purported constituted attorney of the father of the informant, in favour of the applicant, her mother and sister, the said document was signed only by the mother of the applicant. It is specifically stated that at the time when the said registered sale deed was executed i.e. on 11th February 1999, the applicant was a minor and it is for this reason that she had not signed the said registered deed."

5.

The aforesaid reasons for granting interim relief, would hold good for allowing the application itself, particularly because the applicant has cooperated with the investigation. 6.

In view of the above, interim order dated 15.07.2024 is confirmed and the application is allowed, subject to the applicant continuing to co-operate with the investigation. The applicant shall not tamper with the evidence and she shall not influence the informant, witnesses or any other persons concerned with the case.

(MANISH PITALE, J) Priya Kambli 2/2