Allowed

Anwar Mustafa Shaikh and Anr. v. the State of Maharashtra and Anr.

Bombay HC18 Jan 2012ABA/48/2012

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to two applicants allegedly implicated for ferrying robbers in a theft case. The application was allowed on conditions of property deposit, appearance, and compliance with trial proceedings.

What did the court decide?

Criminal Application allowed; anticipatory bail granted subject to deposit of funds, appearance, and other conditions.

Anwar Mustafa Shaikh and Anr. Vs the State of Maharashtra and… — Bail and Remand | Bombay HC (2012)

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1ABA 48-12.odt

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Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.48 OF 2012

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 (For Anticipatory Bail)

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1. Anwar Mustafa Shaikh .Applicants

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2. Sikandar Ibrahim Shaikh

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 V/s.

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1. The State of Maharashtra .Respondents

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2. Police Inspector, Kondhwa Police Station, Pune.

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Mr.Satyavrat Joshi i/b. Mr.Subhash Hulyalkar,
Advocate, for the Applicant

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Smt.V.R.Bhosale, APP, for Respondent No.1 -
State

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CORAM:R.C.CHAVAN, J.

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DATE:18TH JANUARY, 2012

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P.C.

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.Heard the learned counsel for the
respective parties.

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2.This is an application for anticipatory

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bail by the persons, who apprehend arrest in

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connection with C.R.No.223 of 2011 for the

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offences punishable under Sections 380, 457 read

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2ABA 48-12.odt

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with Section 34 of the Indian Penal Code

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registered with Kondhwa Police Station, District

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Pune and who are alleged to have ferried robbers in his car. The value of the articles stolen is shown to be 7,300/- in the FIR. In addition, shutter of the first informant's shop was broken. Since the applicants are not attributed any role except for ferrying in the robbers as such, the learned counsel for the applicant upon instructions from his client states that his clients are ready & willing to deposit a sum of`

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20,000/- towards cost of property allegedly stolen and loss caused, without prejudice to their defences, within a period of two weeks. In view of this, there should be no occasion to`

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subjecttheapplicantstocustodial

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interrogation. Criminal Application is, therefore, allowed. In the event of arrest, applicants be released on bail on their furnishing P.R.Bond of 25,000/- each with one or more solvent sureties in the aggregate sum of`

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ABA 48-12.odt

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25,000/- on the condition that the applicants`

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shall deposit a sum of 20,000/- in the Court`

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of Judicial Magistrate F. C., Cantonment Court,

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Pune -1 within a period of two weeks. The
learned Magistrate shall invest the said amount
in interest earning deposit in a Nationalized

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Bank and deal with it at the end of the trial as

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per the result of the trial. If the amount is
not so deposited, the order shall stand revoked
on the following conditions.

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(i) The applicants shall report at the Kondhwa Police Station, District Pune on 25^th January, 2012 at 11.00 a.m. and thereafter, as and when required by the investigating officer. The applicants shall deposit a sum of 20,000/- in the Court of Judicial Magistrate F. C., Cantonment Court, Pune -1 within a period of two weeks. The learned Magistrate shall invest the said amount in interest earning deposit in a Nationalized Bank and deal with it at the end of the trial as per the result of the trial. If the amount is not so deposited, the order shall stand revoked.`

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(ii)The applicants shall make themselves
available for interrogation by a police officer
as and when required.

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(iii)The applicants shall not, directly or
indirectly make any inducement, threat or
promise to any person acquainted with the facts

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ABA 48-12.odt

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of the case so as to dissuade them from
disclosing such facts to the Court or to any
police officer.

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(iv)The applicants shall not leave India
without the previous permission of the trial
Court.

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.The order will remain in force till the

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trial is over with the only stipulation that if
charge sheeted the applicant may furnish fresh
bonds before the trial Court in view of the

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Judgment of the Supreme Court in AIR 2011 (SC)
312(Siddharam Satlingappa Mhetre vs State of
Maharashtra And Ors.).

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3.Criminal Application stands disposed

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of.

Anwar Mustafa Shaikh and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Anwar Mustafa Shaikh and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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