Bombay High Court
Altaf Mohammed Abrar Shaikh vs The State Of Maharashtra on 7 May, 2021
Equivalent citations: AIRONLINE 2021 BOM 1423
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1652 OF 2021
Altaf Mohammed Abrar Shaikh .... Applicant
Versus
The State of Maharashtra .... Respondent
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Mr. Sujit J. Sahoo, Advocate for the Applicant.
Smt. A.A. Takalkar, APP for the Respondent-State.
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CORAM : SARANG V. KOTWAL, J.
DATE : 07th MAY, 2021
[Through Video Conferencing]
P.C. :
1. The applicant is seeking his release on bail in
connection with C.R.No. 436 of 2019 dated 06/10/2019
registered at Nerul Police Station, Navi Mumbai under
sections 394, 395, 402 read with Section 34 of the Indian
Penal Code. The applicant was arrested on 08/10/2019 and
since then he is in custody. The investigation is over and the
charge-sheet is filed.
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Deshmane(PS)
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2. Heard Shri. Sujit Sahoo, learned counsel for the
applicant and Smt. A.A. Takalkar, learned APP for the State.
3. The prosecution case is that on 5/10/2019, the
first informant Anil Semlani, who was a jeweller, was going
towards his house. He was carrying gold ornaments from his
shop. When he had reached the parking lot near Nerul
Railway Station, he was accosted by one unknown person.
Another person pelted stone towards him. The informant
sensed danger. He started running away from the spot. While
running, he tried to throw his bag inside the gate of MTNL
Office. However that bag fell outside the gate itself. One of the
accused picked it up and ran away. His three other
companions followed him. The informant chased one of them.
He was caught at the spot. Crowd gathered there and started
assaulting him. In the meantime, the police reached there.
The informant and the apprehended accused were taken to
the police station and then the FIR was lodged. It is
mentioned in the FIR that the informant had lost golden
ornaments worth Rs. 40 lakhs. He had given description of
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three accused. Fourth one was caught at the spot.
4. Learned Counsel for the applicant submitted that
there is absolutely no evidence against the present applicant.
There is no recovery at the instance of the present applicant.
Recovery is effected from wife of accused No. 6 Allauddin
Shaikh. She had produced property worth more than Rs. 13
lakhs. He submitted that the applicant was not identified in
the identification parade. Co-accused who was caught at the
spot was granted bail by this Court (Coram:- P.D. Naik, J.)
vide order dated 25/1/2021 passed in Criminal Bail
Application No. 1473 of 2020. He submitted that one more
accused Abdul Alim Hakim Khan @ Sonu is granted bail by
this Court vide order dated 21.4.2021 passed in Criminal Bail
Application No.1564/2021. He claimed parity.
5. Learned APP on instructions made a statement
that the applicant was not identified in the identification
parade. She fairly conceded that there was no recovery at the
instance of the present applicant.
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6. I have considered these submissions. As rightly
submitted by learned Counsel for the applicant, there is hardly
any material against the present applicant. The applicant was
not identifed in the identifcation parade. The co-accused was
caught at the spot. His role is established because of his
presence at the spot. The said co-accucsed Mohammed Riyasat
Ansari is already granted bail by this Court as mentioned
earlier. One more accused, namely, Abdul Alim Hakim Khan @
Sonu is granted bail as mentioned earlier. Therefore, on the
principles of parity, the applicant deserves to be released on
bail. There is no incriminating circumstances against the
present applicant. There are no criminal antecedent against
the present applicant. Hence, he deserves to be released on
bail.
7. Learned A.P.P. submitted that the Applicant is not
from this State and there are reasonable apprehensions that
he will not be available during trial. To that submission,
learned Counsel for the Applicant stated, on instructions, that
the Applicant shall furnish local solvent sureties.
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8. Hence, the following order :
ORDER
(i) In connection with C.R. No.436 of 2019 registered with Nerul Police Station, Navi Mumbai, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two local solvent sureties in the like amount.
(ii) The Application stands disposed of accordingly.
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