Nasir Kasam Khan Vs the State of Maharashtra

¶1

1/4

¶2

ABA-1251-2021 (sr.2)
12August,2021

¶3

Rane

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶5

CRIMINAL APPELLATE JURISDICTION

¶6

ANTICIPATORY BAIL APPLICATION NO. 1251/2021

¶7

Nasir Kasam Khan .....Applicant

¶8

V/s.

¶9

State of Maharashtra
Through the Senior Inspector
of Police, Vinoba Bhave
Nagar Police Station,
Kurla (West), Mumbai-400 070. ....Respondent

¶10

* * * *

¶11

Mr. Altaf Khan i/by. Mr. Moin Khan, Advocate for the
applicant.

¶12

Mr. H.J. Dedia, APP for State.

¶13

CORAM : SANDEEP K. SHINDE, J.

¶14

Thursday, 12th August, 2021.

¶15

P.C. :

¶16

1. Heard learned Counsel for the applicant and
learned APP for State.

¶17

2/4

¶18

ABA-1251-2021 (sr.2)
12August,2021

¶19

Rane

¶20

2. Apprehending arrest in connection with Crime
No.38/2021 registered with Vinoba Bhave Nagar Police
Station, Kurla (West), Mumbai for the offences punishable
under Sections 420, 419, 465, 468 read with Section 34 of
the Indian Penal Code, the applicant seeks pre-arrest bail.

¶21

3. Complainant, Wasim Salim Shaikh is the owner
of Flat No.E-1205, Remix Residency, E-Wing, Kurla
(West), Mumbai-400 070. This residency has ten wings.
Accused no.1-Afaque Hussain Shaikh is the Manager of this
Residency. Complainant vide, leave and license agreement
dated 1st October, 2020 inducted Mr. Fahad Hussain, as a
licensee in Flat No.1205, Remix Residency, E-Wing, Kurla
(West), Mumbai-400 070 for a period of 22 months. This
licensee is the brother of accused no.1. The applicant
before me, claims that, he is the employee of accused no.1.
It is prosecution’s case that, the applicant impersonating
the complainant, executed a leave and license agreement on
10th October, 2020 and inducted Mr. Muzammil V. Shaikh
and another as a licensee in Flat No. 1205/E Wing for a
period of 24 months. Vide said leave and license
agreement, Muzammil deposited Rs.40,00,000/- with the
applicant as a security deposit and agreed to pay Rs.1/-
only per month. The registered agreement dated 10th

¶22

3/4

¶23

ABA-1251-2021 (sr.2)
12August,2021

¶24

Rane

¶25

October, 2020, shows, the applicant projected himself to be
the owner of Flat No.1205/E-Wing, Infact, complainant is
the owner of this flat. Thus, when complainant came to
know that Muzammil is occupying the flat, he made
necessary enquiries and thereafter filed FIR against the
applicant, his employer Afaque Hussain Shaikh and others.
The primary evidence on record in the form of Leave and
License Agreement dated 10th October, 2020 executed by
the applicant is ‘false document’ within the meaning of
Section 464 of the Indian Penal Code of which applicant is
author. Allegations against the applicant and evidence on
record apparently satisfy the ingredients of forgery of
valuable security and cheating. It may be stated that the
applicant-accused no.1 is absconding and it is reported
that, accused no.1 has indulged into similar acts in the
past. Be that as it may, learned Counsel for the applicant
would submit that, he executed the leave and license
agreement and inducted Muzammil Shaikh in the Flat
No.1205/E-Wing at the behest of accused no.2 in
compelling circumstances. In support of his contention, the
learned Counsel would submit that, he has also moved
against accused no.1 seeking directions under Section
156(3) of the Criminal Procedure Code. Be that as it may,
the allegations and the material on record, prima-facie

¶26

4/4

¶27

ABA-1251-2021 (sr.2)
12August,2021

¶28

Rane

¶29

suggest and indicates applicant’s complicity in the crime.
In consideration of the facts of the case and for the reasons
stated above, custodial interrogation of the applicant is
necessary to unearth true and correct facts. For the
reasons stated above, the application is rejected.

¶30

4. It is made clear that, observations made
hereinabove, shall be construed as expression of opinion for
the purpose of rejecting bail only and the same shall not, in
any way, influence the trial in other proceedings.

¶31

Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2021.08.12 19:18:13 +0530

¶32

(SANDEEP K. SHINDE, J.)

Nasir Kasam Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nasir Kasam Khan v. the State of Maharashtra

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

Similar cases

Archana Anil Kumar Rao Vs the State of Maharashtra

Tejas Santosh Shinde @ Balya Vs the State of Maharashtra

Vishal Roopnarayan Yadav Vs the State of Maharashtra

Pritesh @ Sonu Mahesh Giri Vs the State of Maharashtra

Rajesh Dadarao Sonavane Vs the State of Maharashtra

Asif Kasam Rajkotwala Vs N. C. B. and Anr.