Allowed

Atta Mohammed Haji Muhammad Khan v. the State of Maharashtra

Bombay HC3 Aug 2009APPLN/1838/2009

Case brief

AI extract

What is this about?

The High Court granted bail to an applicant charged with cheating and using a forged document to obtain a passport, releasing him on a personal bond and directing weekly police reporting.

What did the court decide?

The applicant was released on bail upon executing a personal bond of Rs. 25,000 with one or two local solvent sureties in the same amount. He must attend the police station once a fortnight until the

Atta Mohammed Haji Muhammad Khan Vs the State of Maharashtra — Bail and Remand | Bombay HC (2009)

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1 18-crn.1838-09b

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.1838 OF 2009

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Shri Atta Mohammed Haji Muhammad Khan.

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..Applicant.

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-Versus-

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State of Maharashtra, &

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Sr. Inspector of Police, Ambernath Police Station, Ambernath. ..Respondents.

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Mr.H.K. Prem, Advocate for the Applicant. Mr.H.J.Dedhia, APP, for the Respondents – State.

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CORAM : A.P. DESHPANDE,J. DATED : 3RD AUGUST, 2009.

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P.C. :-

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This is an application for grant of bail under Section 439 of Cr.P.C.. The applicant came to be arrested by the Ambernath Police Station, vide C.R. No.I-280 of 2008 under Sections 420, 467, 468, 471 of IPC read with Section 12 of the Passports Act on 28.11.2008. Initially he was remanded to police custody and thereafter the applicant is in judicial custody. Thus, for the last eight months, the applicant is in custody. According to the prosecution the applicant has submitted forged document with a view to obtain a passport. He had submitted a school leaving certificate, which on an inquiry being made, has been found to be a forged document. According to the applicant, he is a permanent resident of Ambernath, District – Thane and he is staying at

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2 18-crn.1838-09b

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the said place along with his wife, mother-in-law and three children who are school going. It is not disputed that the children of the applicant are admitted in School in Ambernath.

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The learned APP has submitted that if released on bail, the applicant would abscond as prima facie he is not an Indian citizen and appears to be a citizen of Afganisthan. The learned Counsel for the applicant has submitted that as his entire family is permanently settled at Ambernath and there are no chances of absconding or fleeing from justice of the applicant. It is then submitted that the applicant be put to terms to secure his presence during the trial. Having regard to the totality of the facts and circumstances and more so having regard to the fact that the applicant is in custody since 28.11.2008, I deem it appropriate to release the applicant on bail. Hence, I pass the following order :-

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:: O R D E R ::

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[i] The applicant shall be released on bail on executing a personal bond in the sum of Rs.25,000/- [Rs.Twenty Five Thousand Only] together with one or two local solvent sureties in the like amount.

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[ii] The applicant shall also attend the Ambernath Police Station once a fortnight, till the conclusion of the trial.

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[iii] Criminal Application is disposed of accordingly.

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[A.P.DESHPANDE,J.]

Atta Mohammed Haji Muhammad Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Atta Mohammed Haji Muhammad Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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