Bombay High Court
Mohammad Zameer Ul Haq vs The State Of Maharashtra on 9 October, 2018
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 ABA 1036.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 1036 OF 2018
MOHAMMAD ZAMEER UL HAQ
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr Menchirel Suresh N.
APP for Respondent : Mr. V M Kagne
...
CORAM : V.K. JADHAV, J.
Dated: October 09, 2018 ...
PER COURT :-
1. Learned counsel for the applicant submits that, as per land records of the Hyderabad, the Wakf Nizam Committee of Hyderabad had no properties in the State of Maharashtra. The Complainant/Secretary of the Wakf Committee HEH Nizam Hyderabad had no connection or concern with HEH Nizam Private Estates Properties in India which belongs to the King of Nizam State. Learned counsel submits that, the complaint made by the informant/Secretary is thus totally false and prima facie, no offence is made out against the present applicant or with the properties of Wakf Nizam Committee of aaa/-
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2 ABA 1036.2018.odt Hyderabad. Learned counsel submits that, copy of the land records of the Hyderabad Wakf Board is attached with the application and marked as exh.'C'. Learned counsel submits that Mr. Mir Barkhat Ali Khan r/o Hyderabad, presently residing in London, UK who is the succession certificate holder for HEH Nizam Estate Private Properties in India and Mr. Syed Khairuddin r/o Hyderabad has been appointed by Mir Barkat Ali Khan as his Special Power of Attorney holder on 30.10.2006 and copy of the said document is attached with the application and marked at exh.'E'. Learned counsel submits that, said special power of attorney Mr. Syed Khairuddin appointed this applicant as the 'Administrator General' for HEH Nizam Estate Properties by an appointment letter dated 2.5.2011 and said appointment letter is attached with the application marked as exh.'F'.
2. Learned counsel submits that, the applicant has suffered from paralysis to right hand and right leg and as per the rights given to him by the Special Power of aaa/-
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3 ABA 1036.2018.odt Attorney holder, present applicant has appointed co- accused Mr. Nasiruddin Usmanuddin Qureshi, by appointment letter dated 20.5.2016 as the administrator of HEH Nizam Estate Properties for Aurangabad District area from 20.5.2016 to 19.5.2018. The copy of the said appointment letter is attached with the application and marked as 'Exh.G'. As per the said appointment letter dated 20.5.2016 the assignments were given to co-accused as detailed in paragraph no.14 of the application. Learned counsel submits that, even co-accused is released on bail after his arrest. Learned counsel submits that, even accepting the documents referred in the complaint, no case is made out against the applicant.
3. Learned APP seeks time to take specific instructions in this regard and also to file a short affidavit-in-reply on the next date of hearing.
4. Stand over to 12.10.2018.
( V.K. JADHAV, J. ) ...
aaa/-
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