Bombay High Court
Mohammed Azharuddin Mazhar @ Iqbal ... vs The State Of Maharashtra on 23 August, 2019
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Rekha Patil 1/3 908-aba-1719-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1719 OF 2019
Mohammed Azharuddin Mazhar @ Iqbal Shaikh ...Applicant
Versus
The State of Maharashtra ...Respondent
Dr.S.S. Karmarkar a/w S.R. Samukhrao I/b Karmarkar & Associates, for
the Applicant.
Mr. V.V. Gangurde, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 23rd August, 2019
P.C. :
1. Heard learned Counsel for the applicant.
2. By this application, the applicant seeks pre-arrest bail in
connection with C.R. No. 234 of 2019, registered with the Amboli Police
Station, Mumbai, for the alleged offences punishable under Section 406,
408, 420 r/w 34 of the Indian Penal Code.
3. Learned Counsel for the applicant submits, that the applicant
was initially working as an Accountant with Rajasthan Aushadhalay Private
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Limited, at Jogeshwari, Mumbai. He submits, that the applicant as an
Accountant was forced to make several huge cash entries, though he had
expressed reluctance. He submits, that pursuant thereto, he left the said
company, pursuant to which Rajasthan Aushadhalay Private Limited gave
him a franchisee, by entering into a Franchisee Agreement with one Vimal
Patel. He further submits, that the applicant himself was running M/s Thea
Distributors at Ahmedabad, though the franchisee agreement was entered
into between Rajasthan Aushadhalay Private Limited and Vimal Patel of
M/s. Thea Distributors. He further submits, that the applicant has not been
named in the FIR. He further submits, that the allegations as against the
applicant are false and baseless and that the applicant is ready to co-operate
with the investigation. Learned APP has also filed an affidavit of the
Investigating Officer. It is pertinent to note that the statement of Vimal
Patel of M/s. Thea Distributors has not been recorded till date. Learned
APP seeks time.
4. In the meantime, till the next date, the applicant is granted
interim protection on the following terms and conditions :-
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ORDER
(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/-, with one or two sureties in the like amount ;
(ii) The applicant shall report to the Investigating Officer of the concerned Police Station on 29th August, 2019, 30th August, 2019 and 31st August, 2019, between 10.00 a.m. to 12.00 noon, and thereafter as and when called;
5. Stand over to 23rd September, 2019. To be listed on the Supplementary Board.
6. All concerned to act on the authenticated copy of this order.
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