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Shabbir Haroon Sheikh v. the State of Maharashtra

Bombay HC17 Jul 2012BA/647/2012

Case brief

AI extract

What is this about?

This is a bail application under the Maharashtra Control of Organised Crime Act, 1999. The High Court, considering the applicant was already in jail for three years and noting a requirement to determine elements of force/violence at trial, granted bail on personal bond and fines with reporting conditions.

What did the court decide?

Applicant to be released on bail by furnishing a P.R. Bond in the sum of Rs. 25,000/- with one or more solvent sureties in the sum aggregating to Rs. 25,000/-, conditioned to report at the Naupada Pol

Shabbir Haroon Sheikh Vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2012)

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BA 647-12.odt

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Anand

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPLICATION NO.647 OF 2012

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Shabbir Haroon Sheikh.Applicant

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 V/s.

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The State of Maharashtra.Respondent

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Mr.Nitin Sejpal with Ms. Pooja Bhojane,
Advocate, for the Applicant
Mr.J.P.Kharge, APP, for the Respondent - State

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CORAM:R.C.CHAVAN, J.
DATE:17TH JULY, 2012

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P.C.

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.Heard the learned counsel for the

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respective parties.

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2.This is an application for bail by a

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person, who is arrested in connection with the
Maharashtra Control of Organised Crime Act, 1999
Special Case No.5 of 2010 arising out of FIR
No.I-532of2008registeredwith

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Naupada Police Station and has been slapped with

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the provisions of the Maharashtra Control of

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2BA 647-12.odt

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Organised Crime Act, 1999 also. From the
Affidavit of the investigating officer, it
appears that the applicant is involved in
offences punishable under Sections 454, 457, 380

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of the Indian Penal Code and at times under

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Sections 379, 447 of the Indian Penal Code.

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Though the learned APP has a very strong
objection to the applicant's being admitted to
bail, it is not clear, if any of the offences in
which the applicant had been charge sheeted,
involves show of or use of force, use of
violence, threat of violence, intimidation or
coercion and therefore, it would have to be seen

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at the trial as to how the prosecution proves
the charges under the Maharashtra Control of

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Organised Crime Act, 1999. For the present,
considering the fact that the applicant is in
jail for the last three years, applicant be
released on bail on his furnishing P.R.Bond in
the sum of Rs.25,000/- with one or more solvent

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sureties in the sum aggregating to Rs.25,000/-
on the condition that he shall report at the

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3BA 647-12.odt

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Naupada Police Station on every Sunday between
10:00 a.m. to 1:00 p.m. for the next three
months and thereafter, on the 1st Sunday of the
month till the trial is over.

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3. Criminal Application stands disposed of.

Shabbir Haroon Sheikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shabbir Haroon Sheikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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