Bombay High Court
Saddam Nasir Shaikh vs The State Of Maharashtra on 14 March, 2022
Author: M.G. Sewlikar
Bench: M.G. Sewlikar
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 192 OF 2022
Saddam Nasir Shaikh Applicant
Versus
The State of Maharashtra Respondent
Mr. Shaikh Ashraf Patel, Advocate for the applicant.
Mr. A. A. Jagatkar, APP for respondent/State.
CORAM : M.G. Sewlikar, J.
DATE : 14th MARCH, 2022.
PER COURT :
1. This is an application under Section 439 of the Code of
Criminal Procedure for releasing the applicant on bail in connection
with Crime No. 0290/2021 registered with Tuljapur Police Station,
District Osmanabad, for the offence punishable under Sections 420,
511 read with Section 34 of the Indian Penal Code.
2. It is alleged in the First Information Report that one
Rashid Alladin Nadaf had gone to ICICI Bank, Tuljapur Branch,
Naldurg Road, Tuljapur, for taking loan by hypothicating gold. The
Goldsmith by the name of Anil Kalidas Mahamuni was summoned.
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He tested the gold and found that it was fake gold. It was revealed
during interrogation of Rashid Nadaf that the said gold was given to
him by applicant Saddam Nasir Shaikh. When a call was made to
applicant Saddam Nasir Shaikh, he answered that the gold was given
to Rashid Nadaf by him only and he had taken loan from the ICICI
Bank for six times. Suspecting that the gold hypothicated by
applicant Saddam Shaikh might be fake, gold audit was ordered. In
the audit, it was found that applicant had obtained loan by
hypothicating fake gold twice. Accordingly, First Information Report
came to be lodged against the applicant.
3. Shri Shaikh Ashraf Patel, learned counsel for the
applicant submits that while advancing loan, gold was tested by ICICI
Bank and a certifcate was issued that the gold was genuine. He
submits that if the gold had been fake, at the time of testing, it would
have been revealed.
4. Learned APP Shri Jagatkar submits that on conducting
audit it was found that it was a fake gold.
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5. Charge-sheet is fled. In the charge-sheet, Inventory-
Cum-Appraiser's Certifcate is produced indicating therein that
applicant had hypothicated a locket or pendent of 85.30 gms gross
weight and 85 gms net weight and amount of Rs.2,63,755/- was
advanced. Value of gold was assessed at Rs. 3,51,673/-.
6. From the above certifcate, it appears that at the time of
advancing loan, the gold was tested and it was found to be genuine
and its value was found to be Rs. 3,51,673/-. it would be clear
during trial as to how subsequently, the gold was found to be fake.
On the basis of the certifcate issued by ICICI Bank itself, indicating
therein that the gold was not fake, liberty of the applicant cannot be
curtailed for an indefnite period. In the case of Sushila Aggarwal vs.
State of (NCT of Delhi), reported in (2020) 5 SCC 1, the Honourable
Supreme Court has held that while considering an application for
bail the court has to consider the nature of the offence, the role of
the person, the likelihood of his infuencing the course of
investigation, or tampering with evidence and likelihood of feeing
justice. Moreover, the offence is triable by Magistrate and it is
punishable with imprisonment for seven years. Applicant is behind
bars for more than six months. He has no criminal antecedents. He
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is not likely to fee from justice. In view of this, I am inclined to
release the applicant on bail. Hence the following order :-
ORDER
i) Application is allowed.
ii) Applicant be released on PR Bond of
Rs. 20,000/- (Rs. Twenty Thousand) with one solvent surety in the like amount in connection with Crime No. 0290/2021 registered with Tuljapur Police Station, District Osmanabad, for the offence punishable under Section 420, 511 read with Section 34 of the Indian Penal Code, on following conditions :-
a) He shall furnish his mobile number and residential address to the concerned police station and shall also inform change of mobile number or residential address to the concerned police station.
b) He shall deposit his passport, if any, with the concerned police station.
c) He shall attend the concerned police station twice in a month i.e. on every second and fourth Sunday between 12.00 noon and 4.00 pm, till the conclusion of the trial.
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iv) It is clarifed that the observations made in the above order are restricted to the decision of this application only and the trial Court shall not get infuenced by the same and can come to its independent conclusion during trial.
( M. G. SEWLIKAR ) Judge dyb ::: Uploaded on - 16/03/2022 ::: Downloaded on - 17/03/2022 01:02:16 :::