Asif Iqbal Ansari And ORS v. The Senior Inspector Of Police And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2582 OF 2024 Yusuf Noor Mohammed Khan ...Applicant
Versus
The State Of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO.4924 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 2582 OF 2024 Solitaire Apartment Co-Operative Housing Society Ltd., ...Applicant
Versus
The State Of Maharashtra And Anr
...Respondents
WITH ANTICIPATORY BAIL APPLICATION NO. 2678 OF 2024 Asif Iqbal Ansari And Ors ...Applicants
Versus
The Senior Inspector Of Police And Anr
...Respondents
WITH INTERIM APPLICATION NO.4925 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 2678 OF 2024 Solitaire Apartment Co-Operative Housing Society Ltd., ...Applicant
Versus
The State Of Maharashtra And Anr
...Respondents
____________________________________ Mr. Vinod Kashid a/w. Mr. Sumit Bhoite a/w. Mr. Abdul Shaikh, Advocate for the Applicant in ABA/2582/2024.
Mr. Shoaib I. Menon a/w. Mr. Ibrahem Menon, Advocate for the Applicant in ABA/2678/2024.
Mr. D. D. Singh a/w. Mr. Shivam Singh & Mr. D. K. Shukla, for Intervenors.
Mr. Remon Fenades, Secetary and Mr. Sunil Babu, Chairman, Solitaire Co-operative Housing Society present.
Mr. Deepak Pawar, Malad Police Station, Mumbai present. ____________________________________
CORAM
: RAJESH S. PATIL, J.
DATED : 11 FEBRUARY 2025 P.C.:
INTERIM APPLICATION NO.4924 OF 2024 AND INTERIM APPLICATION NO.4925 OF 2024 1.
Heard.
2.
The learned Advocate for the Applicants in Anticipatory Bail Applications has no objections if both the Interim Applications are allowed.
3.
For the reasons mentioned in these Applications, the same are
allowed in terms of prayer clause (a).
4.
Both the Interim Applications are disposed of accordingly. ANTICIPATORY BAIL APPLICATION NO. 2582 OF 2024 AND ANTICIPATORY BAIL APPLICATION NO. 2678 OF 2024 1.
The present Applications are filed by the Applicants under Section 438 of the Bharatiya Nagarik Suraksha Sanhita 2023, for anticipatory bail in respect of C.R. No.0496 of 2024, dated 14 June 2024, registered with Malad Police Station, District Brihanmumbai under Sections 420, 465, 34 of the Indian Penal Code and Sections 3, 5, 10, 11 and 13 of the Maharashtra Ownership of Flats Act, 1963.
2.
The parties have tendered a copy of the agreement dated 24 December 2024, entered into between Yusuf Noor Mohammed Khan (Applicant in ABA/2582/2024), Asif Iqbal Ansari (Applicant No.1 in ABA/2678/2024), Rizwan Gulam Mohammed Patka (Applicant No.2 in ABA/2678/2024), and Mohammad Shahid Mohammed Sagir Ansari (Applicant No.3 in ABA/2678/2024) on the one part, and Solitaire Apartment Co-Operative Housing Society Limited on the other part. A copy of the said agreement is tendered in this Court and the same is taken on record and marked as "A" for identification.
3.
For ease of reference, the agreement dated 24 December 2024 is scanned and reproduced hereinbelow :
4.
All statements made in the Agreement are accepted as undertaking given to this Court. All undertakings are also accepted. 5.
The learned Advocate for the newly added Respondent (Society), on instructions from his client, submits that the present Anticipatory Bail Applications can be allowed and that they don't have any objections for allowing these Anticipatory Bail Applications since the developer, through its partners, has agreed to pay the amount and provide two flats, namely, viz. 1502 and 2001, each admeasuring 700 sq. mtrs in the Solitaire Apartment Co-Operative Housing Society Limited . Hence, a case is made out by the Applicants to allow the present Anticipatory Bail Applications.
ORDER
(a) The anticipatory bail application is allowed. (b) In the event of arrest of the Applicants in connection with C.R. No.0496 of 2024, dated 14 June 2024, registered with Malad Police Station, District Brihanmumbai under Sections 420, 456, read with Section 34 of the Indian Penal Code as well as Section 3, 5, 10, 11 and 13 of the Maharashtra Ownership of flats Act, 1963, the Applicants shall be released on bail till the filing of the charge-sheet on furnishing P.R. bond to the extent of Rs. 30,000/- each with one or more sureties of the like amount.
(c) The Applicants shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence. (d) The Applicants shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.
5.
The Anticipatory Bail Applications are disposed of. (RAJESH S. PATIL, J.)