Khan Shamim Nurulla And ANR v. The State Of Maharashtra

911-ABA-611-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.611 OF 2025 KHAN SHAMIM NURULLA AND ANR ...APPLICANTS VS THE STATE OF MAHARASHTRA ...RESPONDENT ...

Adv. Shivamsinh Deshmukh a/w Tarun Shetty for the Applicants. Adv. Amit A. Palkar, APP for the State.

...

CORAM

: RAJESH S. PATIL, J.

DATED : MARCH 5, 2025 P.C.:

1.

The learned APP submits that in the present crime 80 AC's were stolen, out of which 28 AC's have been recovered. There are 10 accused out of which two of the accused have been arrested and granted bail. He submits that as per his instructions, 52 AC's are still to be recovered. As per the instructions of investigating officer, the present applicants are the master mind beyond the whole crime as per the statements recorded by the investigating officer. The AC's were initially at Bhivandi and from Bhivandi, they were transported to Ghodbandar Thane and thereafter from Ghodbandar to Malvani, Malad, Mumbai. He submits that as per the information received by the investigating officer, the said AC's belong to "Vijay Sales" and the first informant is the person working with the logistic company. Harish

911-ABA-611-2025.doc 2.

Mr. Deshmukh, learned counsel for the applicants submits that though the crime involves 80 ACs and 28 of those ACs having been recovered and 22 ACs are in custody of one person by name Guddu, who is an accused in the present crime. He submits that therefore at the most, without admitting the crime, the present applicants will be involved only for 30 ACs and the cost of such 30 ACs, of 1 ton per AC, would be around worth of Rs. 9 lakhs and odd amount, as per the rate as mentioned in the FIR itself. He submits that in order to show their bona fide, the applicants without prejudice to their rights will make an attempt to deposit a substantial sum in this Court. The bike belonging to applicant no. 1's brother has already been confiscated by the police. The brother of applicant no. 1 is not the accused in the present crime. He submits that in order to take instructions from the applicants, the matter can be adjourned by one week.

3.

Stand over to 12 March, 2025 under the caption "for urgent circulation."

(RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 06/03/2025 10:41:09 Harish