Mohammed Sajid Imtiyaz Ahmed v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. NO. 2205 OF 2024 Mohammed Anis Saukat Ali Shaikh ...Applicant

Versus

State Of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO.4675 OF 2024 Mohammed Sajid Imtiyaz Ahmed ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

____________________________________ Adv. Karan Jain a/w. Adv. Amon Khothari i/b. Adv. Sanjay Dubey, Advocate for the Applicant.

Mr. Avinash A. Naik, APP for the State.

Adv. Zuberuddin Qureshi h/f. Adv. Kalam Shaikh, Advocate for Original Complainant/Respondent No.2.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 17 FEBRUARY 2025 P.C.:

1.

The present Application is filed by the Applicant under Section 438 of the Code of Criminal Procedure, 1973, for anticipatory bail in connection with C.R. No. 523 of 2024, dated 25 May 2024, registered with Ambali Police Station, District Brihanmumbai, under Sections 406, 420 read with Section 34 of the Indian Penal Code,1860 2.

The Applicant as well as Respondent No.2 have entered into consent terms dated 17 February 2025. The consent terms signed by these parties is taken on record and marked "X" for identification. Mr. Karan Jain and Mr.Zuberuddin Qureshi, the learned Advocate for parties state that the parties have signed in their presence and they identify their signatures. Both state that they have explained to the signatories and the signatories have signed the consent terms after understanding the contents. For ease of reference the consent terms are scanned and reproduced herein below :-

3.

Mr. Karan Jain, the learned Advocate for the Applicant, submits that the alleged amount involved is Rs. 14,50,000/-, out of which Rs. 13,00,000/- was allegedly paid by cheque, while the remaining Rs. 1,50,000/- was paid in cash. He further submits that there are two accused named in the F.I.R., and at the most, his client-the present Applicant would be liable for Rs. 5,50,000/-. 4.

However, without admitting the contents of the Complaint, his client, in order to put an end to the over all litigation, has voluntarily agreed to pay Rs. 7,00,000/-. This amount has been deposited with this Court by an order dated 21 August 2024. Accordingly the entire amount of Rs.7,00,000/- has been deposited, and his client has no objection if the said amount is withdrawn by the Informant.

5.

Mr. Naik, the learned Advocate for the Informant, submits that his client has no objection to the granting of the present Anticipatory Bail Application, provided that the amount of Rs. 7,00,000/- deposited by the present Applicant is allowed to be withdrawn. The Informant has no objection of allowing the present Anticipatory Bail Application.

6.

In such a situation, prima facie case is made out by the Applicant to grant anticipatory bail on the following conditions:-

ORDER

(a) The Anticipatory Bail Application is allowed. (b) In the event of arrest of the Applicant C.R. No. 523 of 2024, dated 25 May 2024, registered with Amboli Police Station, District Brihanmumbai, under Sections 406, 420 read with Section 34 of the Indian Penal Code, the Applicant shall be released on bail furnishing P.R. bond to the extent of Rs.30,000/- with one or more sureties of the like amount.

(c) The Applicant shall co-operate with the investigation and attend the investigating officer of the concerned police station, as and when called.

(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to victim and to any person acquainted with facts of case so as to dissuade him/her from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(e) The Applicant shall furnish his contact number and residential address to the investigating officer and shall keep him

updated, in case there is any change.

(f) The Applicant and his surety shall provide their respective mobile numbers, e-mail address and documents pertaining to the place of residence.

6.

The Informant (Sajid Imityaz Ahmed) is permitted to withdraw the sum of Rs.7,00,000/- deposited in this Court along with accrued interest.

7.

In view of the above, the present Anticipatory Bail Application is disposed of.

(RAJESH S. PATIL, J.)