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Bombay High CourtABA/1425/2025rejected

Nisar Ismail Waghoo v. State Of Maharashtra

2025-05-23Hon'Ble Shri Justice N. R. Borkar3 pages

HEMANT CHANDERSEN SHIV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION HEMANT CHANDERSEN SHIV Date: 2025.05.23 20:33:22 +0300 CR. ANTICIPATORY BAIL APPLICATION NO. 1425 OF 2025 Nisar Ismail Waghoo ...Applicant

Versus

State of Maharashtra

...Respondent

__________ Mr. Veerdhawal Deshmukh for the Applicant.

Ms. Shilpa Talhar, APP for the Respondent-State. __________ CORAM :

SHYAM C. CHANDAK, J.

DATE :

23rd MAY 2025 (VACATION COURT) P.C.:

.

Mr.Deshmukh, learned Advocate for the Applicant seeks leave to amend the Application to add the first informant as party Respondent No.2.

2) Leave to amend is granted. Amendment to be carried out forthwith.

3) Issue notice to the Respondents, returnable on 12th June 2025.

4) Ms.Talhar, learned APP waives service on behalf of Respondent No.1.

5) Learned Advocate for the Applicant to supply spare copy of the Application in the Registry for service of notice on Respondent No.2. In addition to the Court's notice the Applicant to serve

Respondent No.2 by private notice and file the affidavit of service on or before the returnable date. Hamdast allowed. 6) Learned Advocate for the Applicant submits that till the returnable date, the Applicant may be granted interim protection. 7) Heard.

8) The Applicant apprehending his arrest in C.R.No.179 of 2024, registered with Nirmal Nagar police station, Mumbai for the offence punishable under Sections 420, 465, 468, 471 read with 120-B of the Indian Penal Code dated 16/04/2025, on the report of Respondent No.2. It is alleged that on 20/10/1996, the Applicant used letter head of the society without authorised post and authority, forged certain documents in unholy alliance with Slum Rehabilitation Office and prepared a false list of members and tenants. He used the said forged documents as genuine and tried to grab a room in The Mazgaon Konkani Co-operative Society Ltd. and thus cheated the Respondents of the said society and also the Slum Rehabilitation Authority.

9) Learned Advocate for the Applicant submits that the alleged offence was committed in the year 1996 and he was granted interim protection on 07/05/2025 till 20/05/2025, when his anticipatory bail was rejected by the Sessions Court. The Applicant has not misused the said bail liberty. It is alleged that the offence pertains to the year 1996. The Applicant is residing in the same society since 1996. However, till filing of the report, nobody objected to the stay of the Applicant.

10) In view thereof, there shall be interim protection to the Applicant in terms of prayer clause (b), till the next date i.e. 12th June 2025.

11) The Applicant shall attend before the Investigating Officer at Nirmal Nagar police station, Mumbai between 11 am to 4.00 pm on every Monday, Wednesday and Friday till further orders. 12) Stand over to 12th June 2025.

(SHYAM C. CHANDAK, J.)