Bombay High Court
Shaikh Shakir S/O. Abdul Sattar vs The State Of Maharashtra on 7 September, 2018
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 ABA 827.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 827 OF 2018
SHAIKH SHAKIR S/O. ABDUL SATTAR
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Narwade Narayan B.
APP for Respondents: Mr. V M Kagne
Mr A C Darandale Advocate For complainant/Asst to APP.
...
CORAM : V.K. JADHAV, J.
Dated: September 07, 2018
...
PER COURT :-
1. The applicant is seeking pre-arrest bail in
connection with Crime No.I-288 of 2018 registered with
Kotwali Police Station, Ahmednagar, District
Ahmednagar for the offences punishable under Sections
420, 465, 467, 468 of I.P.C. His application bearing Cri.
M.A. No.1332/2018 with similar prayer came to be
rejected by the learned Additional Sessions Judge,
Ahmednagar by order dated 4.8.2018.
2. Learned counsel for the applicant submits that,
allegations made in the complaint are vague in nature.
It is difficult to believe that the informant has executed
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2 ABA 827.2018.odt
the document before the Notary blindly without going to
the contents thereof. Said document allegedly executed
on 22.5.2018, however, the complaint came to be lodged
on 27.6.2018 belatedly with some ulterior motive. Only
after the informant was confronted with said document
by the police, present complaint came to be lodged
disputing the contents of the said notarized document.
Even, the informant has not disputed his signature on
the said document.
3. Learned A.P.P. has strongly resisted the
application on the ground that the applicant has
prepared a false document without knowledge of the
informant and notarized the same. Furthermore, said
notarize document does not bear the signature of the
witness Sachin Thange. Learned APP submits that,
crime under the penal provisions of N.D.P.S. Act came
to be registered against real brother of the applicant and
in order to save his brother, got prepared false
document under the signature of the informant.
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4. On careful perusal of the investigation papers and
particularly the allegations made in the FIR, I find that
the allegations are vague in nature. Further, during the
course of the investigation, statement of the notary
came to be recorded, wherein the presence of the
informant at the time of execution of the said document
has been confirmed and also his signature thereon. It
further appears that the informant has lodged the
complaint only after he was confronted by the police
with the said notarized document. In the given set of
allegations, I do not think that custodial interrogation of
the applicant is required in any manner. In view of the
above, I am inclined to grant pre-arrest bail to
applicant. Hence the following order :-
O R D E R
I. Application is hereby allowed.
II. In the event of arrest of applicant Shaikh Shakir s/o Abdul Sattar in connection with Crime No.I- 288 of 2018 registered with Kotwali Police Station, Ahmednagar, District Ahmednagar for the offences punishable under Sections 420, 465, 467, 468 of I.P.C. he be released on bail on his furnishing aaa/-
4 ABA 827.2018.odt Personal Bond of Rs.15,000/-(Rs. Fifteen Thousand) with one surety of the like amount on the following conditions :-
a) The applicant shall not tamper with the prosecution evidence, in any manner.
b) The applicant shall attend the concerned Police Station once in a week i.e. on every Sunday between 8 am to 11 am till filing of the charge sheet.
III. Application is disposed of.
( V. K. JADHAV, J.) ...
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