Bombay High Court
Mohammed Yaseen Ashfaq Khan vs The State Of Maharashtra on 27 August, 2018
Author: Prakash D. Naik
Bench: Prakash D. Naik
Sknair 9-aba-1257-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1257 OF 2018
Mohammed Yaseen Ashfaq Khan ... Applicant
Vs.
The State of Maharashtra & Anr. ...Respondents
...
Mr. Ganesh K. Gole for the applicant.
Mr. R.M. Pethe, APP for the Respondent-State.
Mr. Shinde, PSI Cuffe Parade Police Station is present in person.
...
CORAM : PRAKASH D. NAIK, J.
DATE : 27th AUGUST, 2018.
P.C.
1. This is an application for anticipatory bail in connection with
CR No. 164 of 2017 registered with Cuffe Parade Police Station,
Mumbai for offence punishable under Section 420 read with 34 of
Indian Penal Code.
2. None appears for the Respondent No.2. In pursuant to the
order of this Court, the complainant was impleaded as Respondent
No.2. Learned advocate for the applicant has filed affidavit of
service of notice upon the Respondent No.2. The grievance of the
complainant is that he was in need of urgent repairs for the gas
burner of Faber Company. The complainant gave a call to
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Justdial. Subsequently, applicant's company contacted the
complainant and sent his person to get the repairs done at the
request of the complainant. It is urged that the representation was
made to the complainant that the applicant's company is
authorised representative of Faber Company to carry out said
repairs. It is further alleged that subsequently it was noticed that
the repairs were not carried out with properly. The complainant
made inquiries with the company i.e Faber Company and it was
found that firm applicant's company was not authorised
representative of the said company.
3. Application preferred by the applicant for anticipatory bail
before the Sessions Court was rejected on 13th June, 2018.
4. Learned counsel for the applicant submitted that the
applicant had never made any false representatives of the Faber
Company. The applicant's firm namely Technocare is involved to
carry out repairs of various appliance and registered with Justdial.
He relied upon the documents relating to registration with
Justdial. It is submitted that on receipt of intimation from
Justdial, the applicant had sent his technician to the complainant
for getting the repairs done. It is submitted that the offence under
Section 420 of Indian Penal Code is not made out. The custodial
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interrogation of the applicant is not necessary.
5. Learned APP submitted that the applicant has made false
representation and induced the complainant to get the work of
repairs. Firm of the applicant is not authorised by Faber Company.
On inquiry with the said company, it was revealed that the
applicant is not authorised agent of the said company. The
complainant was mislead by the applicant's company. Thereby the
case for grant of anticipatory bail is not made out.
6. On going through the First Information Report and hearing
both the parties, it is seen that the applicant had registered his
company namely Technocare with Justdial through which the
applicant got intimation about the repairs to be carried out in
relation to the gas burner of the complainant. The applicant was
granted interim protection by this Court on 28th June, 2018. The
applicant was directed to report as and when called by the police.
It is submitted that the applicant was not called by the police for
the purpose of investigation. The applicant had forwarded letter
to the police intimating that he is available for the purpose of
investigation.
7. Taking into consideration aforesaid aspects, I find that the
custodial interrogation of the applicant is not required. Applicant
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shall co-operate with the investigation.
ORDER
i) Anticipatory Bail Application No. 1257 of 2018 is allowed;
ii) Interim order dated 28th June, 2018 is confirmed;
iii) In the event of arrest of the applicant in connection with CR No. 164 of 2017 registered with Cuffe Parade Police Station, the applicant be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount;
iv) The applicant shall attend the investigating officer as and when called for between 11 am to 1 p.m and to join process of investigation till the filing of the chargesheet;
v) Application stands disposed off.
Digitally signed by Sachidanand ( PRAKASH D. NAIK, J. ) Sachidanand Kuttan Nair Kuttan Nair Date:
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