Javed Abdul Shaikh v. The State Of Maharashtra And ANR

5.ABA.2435.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2435 OF 2024 Javed Abdul Shaikh ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

***  Mr. Rohit P. Karhadkar, for Applicant.

 Mr. Mayur S. Sonavane, APP for Respondent.

 Mr. Shirsat, PSI, EOW, Palghar.

SHRIKANT SHRINIVAS MALANI SHRIKANT SHRINIVAS MALANI Date: 2024.11.14 18:51:31 +0530 *** CORAM : MANISH PITALE, J.

DATE : 14th NOVEMBER, 2024.

P. C. :

1.

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

2.

By order dated 18th September, 2024, this Court granted interim relief in favour of the applicant, subject to specific conditions, including a direction to remain present before the Investigating Officer on 20th September, 2024 and 21st September, 2024.

3.

The learned APP submitted that the applicant indeed remained present before the Investigating Officer. There is nothing to show that the applicant has not cooperated with the investigation. 4.

While granting interim relief to the applicant, this Court had observed as follows :

Shrikant Malani

5.ABA.2435.2024.doc "6.

It is the case of the applicant that he signs certain receipts acknowledging amounts received by the accused company Skyline Trading and Exports Pvt. Ltd., merely as an employee of the said company. It is further stated that the applicant undertook the alleged acts of showing the land in question to the informant, again as an employee of the aforesaid company, thereby indicating that he was neither involved in the alleged conspiracy to dupe the informant nor has he personally gained in the present case." 5.

The above quoted reasons hold good for allowing the application itself, particularly in the light of the fact that the applicant has cooperated with the investigation.

6.

In view of the above, the interim order dated 18th September, 2024, is made absolute and the application is allowed. The applicant shall continue to cooperate with the investigation and he shall not influence the informant, witness or any persons concerned with the case. The applicant shall not tamper with the evidence.

(MANISH PITALE, J.) Shrikant Malani