Bombay High Court
Abdul Kavi Aish Mohammad And Anr vs The State Of Maharashtra on 30 November, 2018
Author: Prakash D. Naik
Bench: Prakash D. Naik
rpa 1/3 923-aba-2459-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI. ANTICIPATORY BAIL APPLICATION NO.2459 OF 2018
1) Abdul Kavi Aish Mohammad Khan;
2) Ayub Mehabub Khan .. Applicants
Vs.
State of Maharashtra .. Respondent
......
Mr.Satyajeet A. Rajeshirke, Advocate for the Applicants.
Mr.M.G. Patil, APP for the Respondent - State.
Mr.Sagar Chavan, PSI, Tokawade Police Station
......
CORAM : PRAKASH D. NAIK, J.
DATED : NOVEMBER 30, 2018.
P.C. :
Applicants are apprehending arrest in connection with
C.R.No.136 of 2018, registered with Tokawade Police Station,
District-Thane, for the offences punishable under Sections 420,
465, 467, 471, 166 and 164 read with 34 of Indian Penal Code
("IPC", for short).
2 Applicants are accused nos.10 and 11 in the First
Information Report ("FIR", for short). The complainant appears to
be the purchaser of the subject property by executing documents
with the original owners in the year 2011. It is alleged that in
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2008, applicant no.2 has acted as power of attorney holder of
applicant no.1 and purchased the property, but the seller and
other had impersonated two persons who are the owners of the
property.
2 The transaction was executed in the year 2008, with
the applicants by the owners and the owners were related to two
persons who are allegedly impersonated. One of the accused who
had allegedly impersonated his father Krishna Bhoir. In the
circumstances, custodial interrogation of the applicant is not
necessary. They can be directed to cooperate the investigating
officer. Hence, case for grant of anticipatory bail is made out.
3 Hence, I pass the following order:
:: O R D E R ::
(i) Anticipatory Bail Application No.2459 of 2018, is allowed;
(ii) In the event of arrest of the applicants in connection with C.R.No.136 of 2018, registered with Tokawade ::: Uploaded on - 04/12/2018 ::: Downloaded on - 30/12/2018 12:02:39 ::: rpa 3/3 923-aba-2459-18.doc Police Station, District-Thane, applicants be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/-, each, with one or more sureties in the like amount;
(iii) Applicants shall report the investigating officer of Tokawade Police Station, District - Thane, once in a week on Friday, between 10:00 a.m. to 12:00 noon, till filing of the charge-sheet;
(iv) Anticipatory Bail Application No.2459 of 2018, stands disposed of.
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