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Bombay High CourtABA/654/2025rejected

Sheikh Noor S/O Sheikh Ismail v. The State Of Maharashtra, Thr. Pso, Ps, Gittikhadan, Nagpur

2025-09-04Hon'Ble Shri Justice M. W. Chandwani3 pages

1 / 3 12-aba 654-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(ABA) NO. 654 OF 2025 Sheikh Noor Sheikh Ismail Vs. State of Maharashtra ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.S.M.Rakshit, counsel for the applicant.

Mr. Anant Ghogare, APP for the State.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 04/09/2025 1.

Heard.

2. Issue notice to the non applicant, returnable on 18/09/2025.

3.

Learned APP waives service of notice for nonapplicant/State. 4.

The applicant has apprehension of arrest in Crime No.716 of 2024 for the offences punishable under Sections 420,465,467,468,471 r/w 34 of the Indian Penal Code registered with Police Station Gittikhadan, District Nagpur.

5.

The allegations are made against the accused No.1, who is the husband of the first informant has transferred immovable property. It was in her name and in the name of her son. He sold it out to the third person in March 2023 by impersonation. The allegations against this

2 / 3 12-aba 654-25 applicant are that his involvement is there as some amount of Rs.8,70,000/- was transferred in the account of this applicant.

6.

The learned counsel appearing for the applicant has stated that the allegations of forgery in sale deed are made during the period of 2021 to 2023. The applicant has taken hand loan from the accused No.2 for the marriage of his daughter and transaction was through cheque. It was given in the year 2022. The sale transaction is shown on 1st March 2023. The applicant is not the purchaser of the said property. Hence prayed to protect him by granting adinterim anticipatory bail. 7.

The learned APP has opposed the application stating that there is money transaction. The amount of Rs.8,70,000/- is transferred. The allegations of forgery are there, hence prayed to reject the application and stated that this is not a fit case to grant ad-interim anticipatory bail to the applicant.

8.

It appears that there are three transactions from the year 2021 to 2023. The main allegation about the forgery in sale deed are made against the accused Nos.1 and

2. This applicant is not the purchaser of the said property and after the transfer of the amount, there is transaction of sale deed between accused nos.1 and 2. Considering the role of this applicant, the case is made out to grant adinterim protection to the applicant.

3 / 3 12-aba 654-25 Hence, following order:

i] It is directed that in the event of arrest of applicant-Sheikh Noor Sheikh Ismail, in connection with Crime No.716 of 2024 for the offences punishable under Sections 420,465,467,468,471 r/w 34 of the Indian Penal Code registered with Police Station Gittikhadan District Nagpur, he shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand with one surety in the like amount.

ii] The applicant shall not in any way tamper with the prosecution evidence.

iii] The applicant shall not pressurize or threaten the prosecution witnesses.

iv] The applicant shall attend the concerned police station on every Monday and Saturday between 7:00 p.m. and 9:00 p.m.

v] The applicant shall co-operate the investigating officer.

The protection shall remain in force till next date.

JUDGE Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 04/09/2025 19:32:51