Bombay High Court
Mohammed Suvhel Musa Khan vs The State Of Maharashtra on 8 July, 2021
Author: Prakash D. Naik
Bench: Prakash D. Naik
rpa 1/4 20 ba 3442 2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3442 OF 2019
Mohammed Suvhel Musa Khan .. Applicant
Versus
State of Maharashtra .. Respondent
......
None for the Applicant.
Ms.Veera Shinde, APP for the Respondent - State.
PSI A.M. Kamble, Dr.D.B. Marg Police Station, Mumbai, present.
......
CORAM : PRAKASH D. NAIK, J.
DATED : JULY 08, 2021.
P.C. :
The applicant is arrested on 25th March, 2019 in
connection with C.R.No.11 of 2019, registered with Dr.D.B.Marg
Police Station, Mumbai, for the ofences punishable under
Sections 420, 465, 467, 468 and 471 of Indian Penal Code ("IPC",
for short).
2 The case of the prosecution is that in the month of
February 2016, the informant read one advertisement in
newspapers i.e. "Assignment Abroad Times". Ratna International,
Kala Ghoda, Mumbai, has advertised that some boys were
required for work abroad. In the advertisement two phone
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numbers were provided. The informant called on mobile phone
number. The person from other side, told his name as Majit Khan.
The informant told him that he is having some skilled workers,
willing to work abroad. He sent some boys. Majid Khan sent them
to Dubai. In the month of December 2016, again informant called
Majit Khan for the said work. Majit Khan told the informant, who
is having ofice under the name and style "Click Millennium",
Opera House, Mumbai, that he is doing work of placement of
labour abroad. Majit Khan gave applicant's phone number. The
informant called applicant. There was talk between informant and
applicant. As per the talk, some boys were sent to the ofice of
applicant. The applicant told that he would send the boys to
Africa (Seychells) and demanded Rs.70,000/- each. The trainees
had deposited total Rs.44,60,000/-, in the account of applicant
and that amount have been deposited in the account number
9311966371 (Mahindra Kotak Bank) Account
No.917020030017759, 913020052572929. However, after
depositing the amount of Rs.44,60,000/-, the applicant has not
obtained VISA and passport of the boys and did not return the
amount. Therefore, complaint was lodged against the applicant
with D.B. Marg Police Station, Mumbai. On the basis of
complaint, D.B. Marg Police Station, Mumbai, registered
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C.R.No.11 of 2019 for the ofences punishable under Sections
420, 465, 467, 468 and 471 of IPC.
3 The applicant approached this Court for bail on the
ground of innocence and false implication. According to
applicant, investigating oficer has fled charge - sheet against
him, therefore, entire investigation is completed. His custody in
jail is not required.
4 Learned APP submitted that one more case is
registered against the applicant in Uttar Pradesh vide C.R.No.178
of 2019, for the ofences punishable under Sections 467, 468 and
471 of IPC. On instructions, it is submitted that the applicant is
not yet arrested in the said case. The amount was not recovered
from the applicant. There are several persons from whom the
amount was accepted for providing them VISA to enable them to
go abroad. The amount was around Rs.44 lakhs.
5 Investigation is completed and the charge-sheet is
fled. All the ofences are triable by the Magistrate. The applicant
is in custody for a period of about two years. Further custody is
not necessary. Bail can be granted on certain terms and
conditions.
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:: O R D E R ::
(i) Bail Application No.3442 of 2019, is allowed;
(ii) Applicant is directed to be released on bail in connection with C.R.No.11 of 2019, registered with Dr.D.B.Marg Police Station, Mumbai, on executing P.R. Bond in the sum of Rs.50,000/-, with one or more local solvent sureties in the like amount;
(iii) Applicant shall report concerned police station once in three months on frst Saturday of the month between 11:00 a.m. to 01:00 p.m., till further order;
(iv) Applicant shall attend the trial Court regularly, unless exempted by the Court;
(v) Bail Application No.3442 of 2019, stands disposed of accordingly.
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