Farid Ahamad Abdul Hak Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.288 OF 2025 Farid Ahamad Abdul Hak Shaikh ...Applicant Vs State Of Maharashtra

...Respondent

____________________________________ Ms. Asmeeta Bhoir h/f. Mr. Shilesh Kantharia, Advocate for the Applicant.

Mr. Anand S. Shalgaonkar, APP for the State.

Adv. Rupali Vasaikar, Adv. Aarti M. i/b. Adv. Balasaheb Yewale, Advocate for Respondent No.2.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 21 FEBRUARY 2025 P.C.:

1.

The present Application is filed by the Applicants under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [corresponding Section 438 of Cr.P.C], for anticipatory bail in connection with C.R. No. 0565 of 2024, dated 2 September 2024, registered with Karmala Police Station, District Solapur (Rural), under Sections 3 (5), 316 (2), 318 (4) of the Bharatiya Nyaya Sanhita, 2023.

2.

The Applicant as well as Respondent No.2 have entered into consent terms dated 21 February 2025. The consent terms signed by these parties is taken on record and marked "X" for

identification. Ms. Asmeeta Bhoir and Ms.Rupali Vasaikar, the learned Advocate for parties state that their clients 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.

All statements made in consent terms are accepted as undertaking made to this Court. All undertakings / Statements are also accepted.

4.

The learned Advocate for the Informant submits that Demand Draft of Rs.6,00,000/- is handed over to the Informant. 5.

In the F.I.R. lodged against the Applicant, which primarily concerns a mango farm taken on license for a year for a sum of Rs.14,50,000/-. An amount of Rs.4,50,000/- was paid, while the balance remained unpaid, therefore, F.I.R has been lodged. Today, a sum of Rs.6,00,000/- has been handed over to the Informant by the present Applicant through a Demand Draft. In view of the parties entering into the consent terms, this Anticipatory Bail Application filed by the Accused needs to consider favourable. 6.

According to me, prima facie case is made out by the Applicant to grant anticipatory Bail on the following condition:-

ORDER

(a) The Anticipatory Bail Application is allowed. (b) In the event of arrest of the Applicant C.R. No. 0565 of 2024, dated 2 September 2024, registered with Karmala Police Station, District Solapur (Rural), under Sections 3 (5), 316 (2), 318 (4) of

the Bharatiya Nyaya Sanhita, 2023., 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 investigatingZ 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.

7.

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

(RAJESH S. PATIL, J.)