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Bombay High CourtABA/383/2025allowed

Shahbaz Taufiq Shaikh v. The State Of Maharashtra

2025-02-17Hon'Ble Shri Justice Rajesh S. Patil3 pages

2025:BHC-AS:7858

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 383 OF 2025 Shahbaz Taufiq Shaikh ...Applicant V/s The State Of Maharashtra

...Respondent

...

Adv. Abhinav A. Bhatkar for the Applicant.

Adv. Anand S. Shalgaonkar, APP for the State. P.I. Krushna Bhoye Rabodi Police Station, Thane City. ...

CORAM

: RAJESH S. PATIL, J.

DATED : 17th FEBRUARY, 2025 P.C.:

1.

The Applicant has filed the present Application under Section 438 of the Code of Criminal Procedure, 1973 apprehending his arrest in C. R. No. 444 of 2024 registered with Rabodi Police Station, Dist-Thane for the offences punishable under Section 120-B, 406, and 420 r/w 34 of the Indian Penal Code, 1860.

2.

It is the case of the prosecution that the present Applicant is accused No. 4. As regards the accused No. 1, he was

arrested and released on bail. As regards accused Nos. 2, 3 and 5, their Anticipatory Bail Applications were rejected by the Sessions Court by a common order along with the Anticipatory Bail Application of the present Applicant.

3.

The learned counsel for the Applicant submits that the Applicant has no concern with the company called as 'Perfect Motors.' The amount paid by the Informant has been received by the company called as 'Perfect Motors,' with which the Applicant has no concern.

4.

Now, the car is in the custody of the police which has been seized from accused Nos. 2 and 3. As far as the present Applicant is concerned, his custody as of today is not required, if he is ready to co-operate with the Police.

5.

The learned APP submits that the offence pertains to selling of a 'Fortuner Car.' The Informant had paid a sum of Rs. 29,00,000/- to the company called as 'Perfect Motors', the said amount is not returned back.

6.

According to me, a case is made out by the present Applicant to allow his Anticipatory Bail Application on certain conditions. Hence, I pass the following order.

O r d e r (i) Anticipatory Bail Application is allowed.

(ii) In the event of his arrest in connection with Cr. No.444/2024, dated 13/04/2024 registered with Rabodi Police Station, Thane City, till filing of the chargesheet, the Applicant be released on bail on his executing PR Bond in the sum of Rs. 20,000 (Twenty Thousand Only) with one or two sureties in the like amount.

(iii) The Applicant shall attend the concerned Police Station on every 10th day and 20th day of the month between 1.00 pm to 4.00 pm.

(iv) The Applicant and his surety shall provide their respective mobile numbers, e-mail address and documents pertaining to the place of residence. (v) The Applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses or any other person concerned with the case.

7.

Anticipatory bail Application is accordingly disposed of. (RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 17/02/2025 19:53:57