Mohammed Sami Rajjab Ali v. State of Maharashtra
Case brief
What is this about?
The Bombay High Court in Criminal Anticipatory Bail Application No.675 of 2014 considered an application by Mohammed Sami Rajjab Ali accused of forgery. The court examined the FIR details showing fraud on the Municipal Corporation regarding a No Objection Certificate obtained after the death of the relevant property owner. Justice Bhatkar held that custodial interrogation was justified and rejecte
What did the court decide?
Prior-arrest bail application dismissed; custodial interrogation justified.
What the court decided
Sherla V.
aba.675.2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.675 OF 2014
Mohammed Sami Rajjab Ali
... Applicant
Vs.
The State of Maharashtra
... Respondent
Mr.Rohan R. Sonawane for the Applicant Ms.A.A. Mane, APP, for Respondent – State Mr.Gangawane M.L, PSI, Killa Police station, Nashik – present
CORAM: MRS.MRIDULA BHATKAR, J.
DATE: JULY 23, 2014
P.C.:
- The application is moved for anticipatory bail as the applicant/accused is prosecuted for the offences punishable under sections 468 and 471 of the Indian Penal Code. One Sayyad Shakeel Ahmed Mohammed Yusuf, Town Planner of the Malegaon Municipal Corporation, is the informant pursuant to which the crime is registered at C.R. No.15 of 2014 by the Killa police station on 2.4.2014. There were complaints in 2011 and 2012 by one Mohd. Ayub and Nissar ahmed that a building permission is sought by playing fraud on the Corporation in respect of Survey No.192/1, plot No.18, of Abubakar Siddique Nagar. It is mentioned in the FIR that the applicant/accused though had knowledge that Mohd. Haroon Khalik had expired in 1987, he filed an application for N.O.C. on 9.11.2006 and obtained N.O.C. on 9.2.2007. He, therefore, lodged the criminal case.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail should be granted to the applicant accused of forgery under sections 468 and 471 IPC.
Whether custodial interrogation is justified given the prima facie evidence of misleading the Corporation.
Whether the sequence of events regarding the death of Mohd. Haroon Khalik indicates criminal intent.
Parties & counsel
- applicant
Mohammed Sami Rajjab Ali
- respondent
The State of Maharashtra
Coram
MRIDULA BHATKAR
Case details
As recorded by the court registry
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