Allowed

Sayyad Asir Sayyad Samsher v. the State of Maharashtra

Bombay HC22 Aug 2011APPLN/3282/2011

Case brief

AI extract

What is this about?

Single Judge allowed a criminal application for anticipatory bail. Concerning Arrears of Bail, bail granted on record date 29th July 2011 confessed to be a student; he is directed to appear weekly via police struck investigation for 4 weeks, cooperate in investigation, not tamper with evidence or witnesses. Application finally disposed of.

What did the court decide?

Application allowed; interim anticipatory bail confirmed; directed to attend police every Saturday for four weeks, cooperate in investigation, and not tamper with evidence or witnesses.

Sayyad Asir Sayyad Samsher Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2011)

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.

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Criminal Application No. 3282 of 2011

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Sayyad Asir Sayyad Samsher, Age : 25 years, Occupation : Education, R/o. Patoda, District : Beed. .. Applicant.

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versus

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The State of Maharashtra, Through P.S.O., Patoda Police Station, Taluka : Patoda, District : Beed. .. Respondent.

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Mr. S.S. Wagh, Advocate, for the applicant.

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Mr. D.R. Korde, Additional Public Prosecutor, for the respondent.

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CORAM : SHRIHARI P. DAVARE, J.

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DATE : 22ND AUGUST 2011

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COURT'S ORDER :

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Heard learned respective Counsel for the parties, finally.

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(2)

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This is an application preferred by the applicant seeking anticipatory bail apprehending arrest in connection with Crime No. 82/2011, registered at Police Station, Patoda (District : Beed), for the offences punishable under Sections 467, 468, 471, 420 read with Section 34 of Indian Penal Code.

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I have perused the investigation papers which were made available by the learned APP for inspection purpose, including copy of remand report dated 4th July 2011, filed before Judicial Magistrate (F.C.), Patoda.

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It appears that the offence has been registered on the basis of the complaint lodged by one Muslam Amar Makrani, on 30th June 2011. It is alleged in the complaint that three false receipts regarding deposit of charges for getting certificates like caste certificate, were produced in the office of Tahsildar and they were found to be forged. One Subhash Gaikwad who was working as agent, allegedly took name of the present applicant as the person who prepared the false receipts. However, in the remand report, the Police officer has contended that during investigation it transpired that Subhash Gaikwad had prepared the false receipts with the help of one Baba Sanap and proprietor of Raj Offset Computer, namely, Rajendra Bansi Kate. However,

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(3)

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pertinently, the statement of Baba Sanap does not reflect the name of the applicant herein and does not raise any finger towards him in the alleged commission of the offence, and so is the position with the statement of Subhash Gaikwad also. Moreover, it is submitted that the applicant is a college student.

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In the circumstances, present application deserves to be allowed and ad interim relief granted to the applicant on 29th July 2011 deserves to be confirmed.

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In the result, present Criminal Application is allowed, and the interim anticipatory bail granted to the applicant by this Court by order dated 29th July 2011 stands confirmed. However, the applicant is directed to give attendance before the concerned investigator on every Saturday between 04.00 p.m. to 07.00 p.m., for a period of four weeks, and shall cooperate in the investigation, and he shall not tamper with the evidence and/or witnesses in any manner whatsoever, directly / indirectly.

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Present Criminal Application stands disposed of finally.

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( SHRIHARI P. DAVARE ) JUDGE

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bgp/ka3282

Sayyad Asir Sayyad Samsher v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sayyad Asir Sayyad Samsher 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

Parties & counsel

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