Allowed

Faisal Mohamed Husain v. the State of Maharashtra

Bombay HC31 Jul 2021ABA/1487/2019

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 380, 457, and 34 IPC regarding a break-in and theft from a mortgaged flat, the court granted bail subject to conditions including execution of a PR Bond and cooperation with the Investigation Officer.

What did the court decide?

Granted bail on execution of a PR Bond of Rs.20,000 with one or two solvent sureties and subject to conditions of reporting to IO and not tampering with evidence.

Faisal Mohamed Husain Vs the State of Maharashtra — Bombay HC (2021) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 1487 OF 2019

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Faisal Mohamed HusainAgarbattiwala.. Applicant
 V/s.

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The State of Maharashtra ..Respondent

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Mr. Subhash Jha i/b Law Global for the Applicant.

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Mr. Y.Y. Dabke, APP for the Respondent/State.

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CORAM : C.V. BHADANG, J.

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DATE : 31ST JULY, 2021
(Through Video Conferencing)

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P.C.

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1.The Applicant apprehending arrest in connection with
investigation of crime No. 188 of 2019 of Police station Nagpada,
Mumbai under Section 380 and 457 read with Section 34 of I.P.C. is
seeking pre-arrest bail.

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2. The Applicant had obtained a loan from Bombay Mercantile

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Co-operative Bank Limited to the tune of Rs.3 crores for which a flat
bearing No. 201, ‘F’ Wing of Doodhwala Complex, Nagpada
belonging to the Applicant was mortgaged with the Bank. According
to the complaint dated 14.06.2019 of Mr. Abujar Rizvi, the Assistant

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Sneha Chavan page 1 of 4

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General Manager of the Bank, the Bank had taken out proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘ SARFAESI Act’) and in pursuance of the order passed on 26.03.2019, the physical possession of the flat was taken over on 27.04.2019. The allegation is that on 30.05.2019, some unidentified persons broke open into the flat and there were articles worth Rs.9,000/- as set out in the complaint which were found missing from the flat. Upon such complaint, the offence came to be registered.

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3.I have heard the learned counsel for the Applicant and the
learned APP. The record discloses that by an order dated
10.07.2019, interim protection was granted to the Applicant inter
alia on the condition that the Applicant shall report to the
Investigating Officer on 15th, 16th and 17th July 2019. The learned
counsel for the Applicant states that the Applicant has accordingly
attended and has co-operated with the investigating agency. The
learned counsel for the Applicant also points out that the flat has
been auctioned by the Bank and the amount has been appropriated
in the loan account.

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4.The statement dated 14.06.2019 of Mr. Abujar Rizvi, prima
facie shows that there were two unidentified ladies, who had broken
into the flat in the night intervening between 30.05.2019 and
31.05.2019. According to the prosecution, these two ladies were
maid servants working with the Applicant. The learned APP also
submits that the Investigating Officer may require the attendance of
the Applicant for holding Test Identification Parade. The learned
counsel for the Applicant on instructions states that the Applicant
shall accordingly attend and shall co-operate with the investigating
agency. In that view of the matter, the following order is passed:

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ORDER

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i)In the event of arrest, in connection with the

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investigation of Crime No. 188 of 2019 registered with Police station
Nagpada, Mumbai, the applicant shall be released on bail on
executing a PR Bond in the sum of Rs.20,000/- with one or two
solvent sureties each in the like amount.

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ii)The Applicant shall report to the Investigating Officer
as and when required and shall not tamper with the prosecution
evidence/witnesses.

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iii)In the event of breach of any of the conditions, the bail
is liable to be cancelled.

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5. The Criminal Application is disposed of in the aforesaid terms.

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C.V. BHADANG, J.

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Sneha Chavan page 4 of 4

Faisal Mohamed Husain v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Faisal Mohamed Husain 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

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Parties & counsel

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