Allowed

Nasirkhan Jalilkhan Pathan v. the State of Maharshtra and Ors.

Bombay HC20 Aug 2011APPLN/3413/2011

Case brief

AI extract

What is this about?

This court confirmed interim anticipatory bail granted to an applicant facing allegations of theft and cheating. The judgment found the applicant was not named in the FIR or attributed a specific role, being implicated only due to kinship. Accordingly, the application was allowed with a direction to give weekly attendance.

What did the court decide?

Interim anticipatory bail confirmed with direction to give weekly attendance before the investigator and cooperate in the investigation.

Nasirkhan Jalilkhan Pathan Vs the State of Maharshtra… — Cheating and Forgery | Bombay HC (2011)

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crap3413.11

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 FARAD CONTINUATION SHEET NO.

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 APPELLATE SIDE, BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 3413 OF 2011

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 _________________________________________________________________________________
 Office Notes, Office |
 Memoranda of Coram, |
 appearances, Court's | Court’s or Judge’s orders
 orders or |
 directions and |
 Registrar's orders |
 _________________________________________________________________________________

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Shri D.S.Bagul, advocate for the applicant Shri D.R.Korde, A.P.P. for respondent nos.1 and 2

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CORAM : SHRIHARI P.DAVARE, J.

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DATED : 20th August, 2011.

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PER COURT :-

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1 Heard respective learned counsel for the parties, as well as perused the investigation papers which are made available for the inspection purpose. 2 This is an application preferred by applicant seeking anticipatory bail apprehending his arrest under C.R. No. 56 of 2011, registered at Visarwadi police station, District Nandurbar, for the offences punishable under Sections 379, 420, 470, 419, 426 and 468 of the Indian Penal Code.

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3 It appears that the offence has been registered against the applicant on the basis of complaint

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crap3413.11

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lodged by one Jahir Abbas on 22.4.2011. He alleged that the co-accused Bhilu Chilu Gawali approached him for purchase of his truck. He agreed to sell the same for Rs.8,10,000/- and an amount of Rs.60,000/- was paid as part consideration and remaining amount was to be paid by repayment of loan of Shriram Finance Company in 40 installments of Rs.26,000/- per month. It is also alleged that the accused used to prepare false documents and made an agreement with the applicant and undertook to pay the installments and filed false complaint of theft of the said truck and only to cause loss to him such false report was lodged, but the said truck was hidden by him somewhere else.

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4 After going to the contents of the complaint and on perusal of the investigation papers, it appears that no name of the applicant has been reflected in the first information report and no specific role has been attributed to the applicant in the alleged commission of the offence and it appears that the applicant has been implicated in the present complaint, since he is relative of agent namely Mohd. Sadiq. In the circumstances, interim anticipatory bail granted to the applicant herein deserves to be confirmed.

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5 In the result, present application is allowed and interim anticipatory bail granted to the applicant stands confirmed, with direction to the applicant that he shall give attendance before the concerned

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investigator, once in a week on every Friday between 4.00 p.m. to 7.00 p.m., till filing of charge sheet and shall cooperate in the investigation, and present application stands disposed of accordingly.

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(SHRIHARI P. DAVARE),

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JUDGE.

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dbm/crap3413.11

Nasirkhan Jalilkhan Pathan v. the State of Maharshtra and Ors.

Case brief

What is this about?

What did the court decide?

Nasirkhan Jalilkhan Pathan v. the State of Maharshtra and Ors.

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

Case details

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