The High Court allowed the withdrawal of an anticipatory bail application filed by Asmat Abdul Hamid Jaware and disposed of the matter with observations regarding the traceability of land owners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
3.aba.309.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 309 OF 2012
Asmat Abdul Hamid Jaware ..Applicant -Versus- The State of Maharashtra ..Respondent
Mr.R.D.Suryawanshi, Advocate for the Applicant.
Mr. H.J. Dedhia, APP for the State-Respondent.
CORAM : A.M. THIPSAY, J. DATE : 9TH MAY 2012.
P.C.
. Heard Mr.R Suryawanshi, learned advocate for the applicant and Mr.H.J.Dedhia, learned APP for the State.
2 When the matter was heard on 03.05.2012, it was observed, interalia, that the complaint has not been made by the owners of the land but by a person who claimed to be an estate broker. It was thought proper to protect the applicant till the real owners could be traced.
have been traced and the statement of one of the co-owners Mr.Saifuddin Mohammad Ali Kanchi has been recorded. Certain ms.s.k.talekar 1 / 2
documents have also taken charge of. One of the co-owners - Fakruddin Mohammad Ali Kanchi - is said to have died in the year 2001 itself.
4 Prima-facie, therefore, some serious offences have been committed. It cannot be said that their exists no prima-facie case against the applicant.
5 Under the circumstances, Mr.Suryawanshi seeks permission to withdraw the anticipatory bail application.
6 Mr.Suryawanshi however, submits that one Sanjay Gaikwad is the
real culprit in the matter and that the investigating agency is not taking any action against the said Sanjay Gaikwad.
7 Mr.Dedhia, learned APP submits that the investigation is in progress and that if the involvement of the said Sanjay Gaikwad is disclosed, then, appropriate legal action shall be taken against him also.
8 The anticipatory bail application is allowed to be withdrawn and stands disposed of with the aforesaid observations.
ms.s.k.talekar
2 / 2
Asmat Abdul Hamid Jaware
The State of Maharashtra
A.M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
