Bombay High Court
Shaikh Salim @ Ghodewala S/O. Shaikh ... vs The State Of Maharashtra on 21 May, 2019
Author: A. M. Dhavale
Bench: A. M. Dhavale
1 903-ABA-567-19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 567 OF 2019
Shaikh Salim @ Ghodewala
S/o Shaikh Sikandar
Age - 58 years, Occu - Business,
R/o : Dindayal Nagar, Jamner Road,
Bhusawal, Tal. Bhusawal,
District Jalgaon ...Applicant
VERSUS
The State of Maharashtra,
Through Bazarpeth Police Station,
Bhusawal, Tal. Bhusawal,
Dist. Jalgaon. ...Respondent
Mr. Naseem R. Shaikh, Advocate for Applicant
Mr. A.B. Chate, APP for Respondent/State
CORAM : A. M. DHAVALE, J
(VACATION COURT)
DATE : 21st MAY, 2019
ORAL ORDER:
1. The applicant - Saleem Ghodewala seeks anticipatory bail in C.R. No. 164/2019 of Bazarpeth Police Station, Bhusawal for the offences punishable under Section 395 of Indian Penal Code and 3/25 of the Arms Act.
2. The FIR shows that on 1st March, 2019 at about 3.00 p.m., the informant along with one Ankit Anil Kamlakar was proceeding for ::: Uploaded on - 22/05/2019 ::: Downloaded on - 23/05/2019 02:26:55 ::: 2 903-ABA-567-19 recovery of loan of Hero Finance Company. That time, both of them were obstructed near Dindayal Nagar and one of them at the point of country pistol robbed of Rs.7,000/-. They were also threatened that if they would lodge a complaint against them at Police Station, they will be killed. 4 out of 5 assailants were from the age group of 25 to 30 while one was aged 50 years. The informant was not knowing their names. The FIR shows that the persons gathered there informed him name of one Tasleem alias Kalya, who was son of senior person Saleem Ghodewala and third one Sk. Wasim Sk. Chand. The FIR is not clear whether Saleem Ghodewala was also involved in the crime or his son only was involved in crime. The learned Counsel for the applicant submits that for the last five years, the applicant was lodging the complaints against the Police for allowing the business of prostitution in their locality.
3. The learned APP has produced the case diary, but submits that there is no TI parade. Since the FIR is vague with regard to the involvement of the applicant, it is necessary to hold TI parade and to find out whether the applicant was also involved in the crime. Hence, the interim relief is granted.
4. In the event of arrest, the applicant be released on anticipatory bail in C.R. No. 164/2019 registered with Bazarpeth Police Station, Bhusawal for the offences punishable under Section ::: Uploaded on - 22/05/2019 ::: Downloaded on - 23/05/2019 02:26:55 ::: 3 903-ABA-567-19 395 of Indian Penal Code and 3/25 of the Arms Act for the period of 10 days subject to furnishing a PR bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties of total Rs.25,000/-.
5. Meanwhile, the Police shall hold the TI parade with due care and caution as per the procedure and submit its report, returnable on 06.06.2019.
6. Inform the concerned Judicial Magistrate First Class and the concerned Police Station.
[ A. M. DHAVALE ] JUDGE mta ::: Uploaded on - 22/05/2019 ::: Downloaded on - 23/05/2019 02:26:55 :::