Fayyaz Rafiq Qureshi v. The State Of Maharashtra

909.APPLN.52.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION APPLICATION NO.52 OF 2025 Fayyaz Rafiq Qureshi .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Mubin Solkar a/w. Mr. Tahir Hussain, Mr. Anas Shaikh and Mr. Hemal Shah, Advocates for Applicant.

 Ms. Megha S. Bajoria, APP for Respondent.

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CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 13, 2025 P.C.

:

1.

Heard Mr. Solkar, learned Advocate for Applicant and Ms. Bajoria, learned APP for Respondent.

2.

Applicant seeks cancellation of bail order granted to the private Respondent. Order dated 19.11.2024 is appended at page No.211. Mr. Solkar has drawn my attention to the contents of the said order in paragraph No.4 wherein two specific statements of Advocate for the private Respondent have been noted by the learned Trial Court. 3.

The first is all that he having paid an amount of Rs.33.5 Lakhs by RTGS to the Informant and second being transfer of a particular flat of which the First Informant is in possession. Mr. Solkar would submit that the property in question is flat in Godfrey Villa which is borne out from the record. He would submit that both these statements are prima facie on the face of record false. He would

909.APPLN.52.2025.doc submit that infact on the basis of these two submissions, the learned Trial Court has come to the conclusion that there is adequate property held as security and therefore bail has been granted. In support of his submissions, he would submit that entire Bank Account record of present Applicant is placed on record which does not show receipt of amount of Rs.33.5 Lakhs as stated by the private Respondent at the time of hearing of Bail Application before Trial Court. 4.

He would submit that there is no nexus of present Applicant or his wife being in possession of the said flat in Godfrey Villa. In view of the above, a case is made out for issuance of notice to Respondent. 5.

Issue notice to Respondent No.2. Humdast permitted. In addition to Court's notice, Applicant is directed to serve a copy of this order and copy of the Application on private Respondent. 6.

Mr. Dedhia, learned APP appears for Respondent No.1 and waives service on behalf of Respondent No.1.

7.

Stand over to 03rd April, 2025.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.03.13 14:41:34 +0530 HARSHADA HANUMANT SAWANT