Bombay High Court
Ishtiyak Ahmed Mukhtar Shaikh vs The State Of Maharashtra on 20 January, 2020
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
Rane 1/4 20th January, 2020.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2544 OF 2019
Mr. Ishtiyak Ahmed Mukhtar
Shaikh ....Applicant
v/s.
The State of Maharashtra ....Respondent
****
Mr. Ali Bubere a/w. Mr. Rajendra Rathod, Advocate
for the applicant.
Mr. Y.M. Nakhawa, APP for the State.
PSI, Tanaji Wagh, Bhoiwada Police Station
present.
CORAM : SANDEEP K. SHINDE, J.
Monday, 20th January, 2020.
P.C. :
1. Applicant was entrusted with a civil
contract by Bhiwandi Municipal Corporation. For,
the want of safety measures, one labourer died at
the construction site due to electrocution.
Applicant had sublet the contract to one, Mr.
Chavan on certain terms and conditions. On 21st
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November, 2019 this Court had refused interim
relief to the applicant on the ground that he had
no right to sublet the contract to Mr. Chavan, who
is the co-accused. Counsel for the applicant has
placed on record a communication dated 31st
October, 2019 addressed by the City Engineer,
Bhiwandi Municipal Corporation, inter-alia,
stating that the applicant was authorised to
sublet the contract.
2. Counsel for the applicant submits that
investigation is over and the sub-contractor (co-
accused) is in jail. The offence registered
against the applicant is one under Section 304A
and 304(II) of the IPC. The evidence shows, the
applicant had appointed Mr. Chavan as a Sub-
Contractor, which was permitted as evident from
communication dated 31st October, 2019. Copy of
the said communication is taken on record and
marked A-1 for identification. That, even
otherwise, the investigation is over and the trial
is not likely to commence and conclude in the near
future. The applicant is a permanent resident of
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Bhiwandi and his presence for the trial can be
secured by imposing conditions. Hence, the
following order :
ORDER
(i) The Anticipatory Bail Application is allowed.
(ii) In the event of arrest of the applicant, he shall be released on bail in C.R. No. I-0252 of 2019 registered with Bhoiwada Police Station on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like sum.
(iii) The applicant shall attend the concerned Police Station as and when called.
(iv) The applicant shall furnish the particulars of his place of residence and contact details to the Investigating Officer of the Police Station concerned within seven days from today;
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evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
3. It is made clear that observations made hereinabove shall be construed as expression of opinion only for the purpose of granting bail and the same shall not in any way influence the trial in other proceedings.
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