The court allowed an application for anticipatory bail under Section 438 CrPC. The applicant sought bail in a case involving misappropriation of steel, alleging he was not named in the FIR despite his son's arrest.
Application for anticipatory bail allowed; applicant to be released on bail on furnishing PR Bond of Rs. 25,000/- with sureties.
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.
16- ABA-360-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 360 OF 2021
Nasuruddin Mohd. Ali Khan… Applicant
Versus
The State of Maharashtra … Respondent
Mr. V. S. Tiwari, Advocate for the Applicant.
Ms. Anamika Malhotra, APP for the Respondent – State.
CORAM : PRAKASH D. NAIK, J.
DATE: 5th MARCH, 2021
PER COURT:
1.This is an application for anticipatory bail in C.R. No.
169 of 2020 registered with Kalachowki Police Station, Mumbai for
offences under Sections 406, 409, 420, 120(B), r/w Section 34 of
Indian Penal Code. The FIR was registered on 17th September, 2020.
Digitally signed by Manish Manish S. Thatte S. Thatte Date: 2021.03.0912:41:50 +0530
2.The case of the complainant is that, since 2014 to
October, 2019 the employees working in the complainant’s company
namely Christopher, Ravi Awati were handed over the truck loaded
with steel for the purpose of weighing the steel loaded in the truck.
The accused in connivance with the co-accused Sikandar, Das and
others had misappropriated the steel weighing 840.121 Metric ton
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16- ABA-360-2021.doc
valued Rs. 90 Lakhs and they sold the said articles to other persons.
During the course of investigation Mr. Das, who is the son of the
applicant was arrested. He is still in custody. Charge-sheet is filed
against the accused.
3.Learned APP pointed out the investigation papers which
indicates that the applicant and his son are scarp dealers. They are
conducting business of purchasing scrap. It is alleged that, during
interrogation of the co-accused, the applicant is shown to be
involved. Son of the applicant has been arrested and he is in custody.
The applicant was not named in the FIR and he was not involved in
siphoning of the steel from the company. Hence, case for grant of
anticipatory bail is made out.
ORDER
(i) Anticipatory Bail Application No.360 of 2021is allowed;(ii) In the event of arrest of the applicant in connection with
C.R. No. 169 of 2020 registered with Kalachowki Police
Station, Mumbai, the applicant be released on bail on
furnishing P. R. Bond in the sum of Rs.25,000/- with one or
more sureties in the like amount;
(iii)The applicant shall attend the investigating officer on
15th, 16th & 17th March, 2021 between 11.00 a.m. to 1.00 noon
and thereafter as and when called for till filing of charge-sheet.
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(iv)Anticipatory Bail Application stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
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2 issues framed by the court
Whether anticipatory bail should be granted to the applicant in view of allegations that his son was arrested.
Whether sufficient material is on record to show prima facie satisfaction regarding the applicant's involvement in the case.
1 provisions across 1 enactments
Nasuruddin Mohd. Ali Khan
The State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court