In an anticipatory bail application under Section 438 CrPC, the High Court of Bombay confirmed an interim order, allowing bail with a bond for an accused apprehending arrest for theft of metro cables.
Anticipatory bail allowed; personal bond of Rs. 20,000 with sureties; appearance before I.O.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
3-Aba-1803-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1803 OF 2019
Javed Kasim Sahed … Applicant
Versus
The State of Maharashtra … Respondent
None for the Applicant.
Mr. S. R. Agarkar, APP for the Respondent – State.
CORAM : PRAKASH D. NAIK, J.
DATE: 7th AUGUST, 2021.
PER COURT:
1.This is an application for anticipatory bail. The
applicant is apprehending arrest in C.R. No. 235 of 2019 registered
with Agripada Police Station, Mumbai for offences under Section
379 r/w Section 34 of Indian Penal Code (for short “IPC”).
2.The complaint is filed by the officer of the BEST. The
First Information Report (for short ‘FIR’) was lodged on 27th July,
2019. The case of the complainant is that work for metro train was
in progress during excavation cables belonging to BEST were
found. The value of the cables was around Rs.2 Lakhs. The cables
was unauthorizedly loaded in the tempo and they were being
Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2021.08.07 17:39:11 +0530
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transported. It was the duty of the accused to report finding of such
cables to the BEST, however, without reporting the said recovery,
the goods were being transported. Hence, it is alleged that the
accused were involved in commission of theft.
3.The documents on record indicate that the tempo
containing the cables was intercepted the persons, who were
occupying the vehicle could not give specific answer about
transporting the cables. They were arrested. The cables were
seized. The electric cables belonging to BEST.
4.The contention of the applicant is that he is working as
project manager and drawing salary of more than Rs. one lakh. He
has no criminal antecedents. He is not involved in theft of cables.
The persons who were found in possession of the cables were
arrested. Custodial interrogation of the applicant is not necessary.
5.Learned APP submitted that the applicant was the
project manager of Metro Corporation. He was aware that the
cables were recovered and the same are belonging to BEST. The
finding of cables ought to have report to BEST. There was intention
to commit theft and sell the cables.
6.The applicant was granted interim protection by this
Court vide order dated 19th August, 2019. He was directed to report
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the Investigating Officer. The cables were seized. The value of the
cable was Rs. two lakhs. The persons found with cables were
arrested. Considering the factual aspects of this matter, the
applicant need not subjected to custodial interrogation and the
interim order deserves to be confirmed.
6.Hence, I pass the following order:
ORDER
(i) Anticipatory Bail Application No. 1803 of 2019 is
allowed;
(ii) Interim order dated 19th August, 2019 is confirmed.(iii) In the event of arrest of the applicant in connection
with in C.R. No. 235 of 2019 registered with Agripada Police
Station, Mumbai, the applicant be released on bail on
furnishing P. R. Bond in the sum of Rs.20,000/- with one or
two sureties in the like amount;
(iv)The applicant shall appear before the investigating
officer as and when called for till filing of charge-sheet.
(v)Anticipatory Bail Application stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
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Javed Kasim Sahed
State of Maharashtra
Prakash D. Naik
As recorded by the court registry
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