Allowed

Anwar Hassan Khan v. the State of Maharashtra

Bombay HC3 Aug 2009APPLN/1839/2009

Case brief

AI extract

What is this about?

In an application for bail under Section 439 Cr.P.C., the High Court of Judicature at Bombay ordered the release of the applicant who was arrested for forging documents to obtain a passport. The court deemed the applicant eligible for bail on a personal bond.

What did the court decide?

Release on bail on personal bond of Rs. 25,000 with sureties, attending police station fortnightly till trial conclusion.

Anwar Hassan Khan Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.1839 OF 2009

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Shri Anwar Hassan Khan .... .....	.....	..Applicant.
-Versus-
1. State of Maharashtra, &
2. 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. 3RD AUGUST, 2009.

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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-296 of 2008 under Sections 420, 467, 468, 471 of IPC read with Section 12 of the Passports Act on 25.12.2008. Initially he was remanded to police custody and thereafter the applicant is in judicial custody. Thus, for the last seven 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 birth 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.

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It is not disputed by the learned APP that along with the application for

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obtaining passport the applicant had also submitted other documents such as ration card, driving licence, income-tax pan card and bank account with Jay Vijay Cooperative Bank Limited, Ambernath. These documents are not found to be forged or cooked up. True it is that according to the prosecution the applicant prima facie appears to be citizen of Afghanistan. In the submission of learned counsel for the applicant the applicant can be put to terms to secure his presence during the trial. Having regard to the totality of facts and circumstances and more so having regard to the fact that the applicant is in custody since 25.12.2008 I deem it appropriate to release the applicant on bail. Hence I pass the following order:

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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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4.8.2009.

Anwar Hassan Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Anwar Hassan Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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