Mohd Iliyas B Shaikh v. Commissioner Of Police And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.08.18 11:35:26 +0530 Trupti 5-wp-4343-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4343 OF 2025 Mohd. Iliyas B. Shaikh ... Petitioner versus The Commissioner of Police, Mumbai & Ors.

...Respondents

...

Mr.Brijesh Shukla with Mr.Shankush Tripathi for the Petitioner. Mr.J.P.Yagnik, Addl. PP for the Respondent -State. ...

CORAM

:

RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

DATE :

13th August, 2025 P.C.:- 1.

The Petitioner's grievance is that bail was granted to the accused persons based on false documents produced before the learned Magistrate by the sureties. His further grievance is that these days sureties are not being verified under the orders of the learned Magistrate and, therefore, as like in the present case, instances of false documents have cropped.

2.

We are of the view that the Petitioner should have approached the learned Court, who granted bail and accepted certain sureties. If the 1/2

Trupti 5-wp-4343-2025 documents tendered by the sureties are false and bogus, the Petitioner needs to make an Application immediately.

In the present case, we grant liberty to the Petitioner to move a written application. However, if the contentions of the Petitioner turn out to be false and the sureties and their documents are found to be genuine, the learned Magistrate may proceed to impose heavy costs on the Petitioner and initiate such legal action as may be deemed appropriate and permissible by law.

4.

In view of the above, the Petitioner is agreeable. The learned Advocate for the Petitioner seeks leave to withdraw this Petition and move an Application before the same Court to point out the false documents. 5.

In view of the above, with the said liberty, this Writ Petition is disposed off as withdrawn, on instructions.

(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.) 2/2