Single judge bail application allowed for applicant arrested in cheating case. Court ordered release due to co-accused with similar role already released and no property recovered from applicant despite interrogation.
Release on bail upon furnishing Rs. 15,000 bond and sureties; undertaking not to influence witnesses or tamper with evidence.
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.
ISM
36.713.21 BA.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 713 OF 2021
MUMTAZ ALAM ANWRALI SHAIKH
….APPLICANT
V/s.
THE STATE OF MAHARASHTRA …..RESPONDENT
Mr. Nadeem Shaikh advocate for the Applicant Mr. A. R. Kapadnis APP for the State Mr. Shekhar Bagde, Sr. PI, EOW Thane
CORAM : NITIN W. SAMBRE, J. DATE: 21st OCTOBER, 2021.
P.C.:
1] Applicant is arrested on 24/12/2019 and is charge-sheeted in C.R. No. 289/2019 registered with Kapurbawadi police station for for offences punishable under Sections 420, 406, 409 r/w 34 of the Indian Penal Code.
2] It is claimed that the role attributed to the applicant in the
crime is of accepting the deposits thereby passing on receipts and
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36.713.21 BA.doc
promoting the scheme.
3] After the applicant was charge-sheeted, co-accused Nida Ayyub Hussain is already released on bail by this Court in Bail Application No. 1641/2021 vide order dated 28/07/2021. Para 9 of the said order is worth referring to:
“9. At this stage, there is some definite material against the present applicant that she had explained the scheme to the investors and had also signed the documents. Significantly, she had opened another branch at Kharghar, for which, a different C.R. No. 365 of 2019 under the same sections was registered, in which, she was arrested and released on bail. The said allegations are concerning the same company. Therefore, allegations in the present case are overlapping. The most important feature in this case is that, in spite of arrest and custodial interrogation of applicant in this case, which was incidentally second arrest on the similar allegations, the investigating agency has not found any property which the applicant could have derived from the misappropriated amount.”
and other similarly placed accused who has not only played similar
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role of accepting the deposit, passing on receipts but has even opened and operated a separate branch is already ordered to be released. In that view of the matter, application stands allowed.
(i) Applicant be released on bail in C.R. No. 289/2019 registered with Kapurbawadi police station for for offences punishable under Sections 420, 406, 409 r/w 34 of the Indian Penal Code upon furnishing P.R. bond in the sum of Rs. 15,000/- with one or two/more sureties in the like amount.
(ii) Applicant shall neither influence witnesses in any manner nor tamper with evidence.
5] Application stands disposed of.
[NITIN W. SAMBRE, J.]
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2 issues framed by the court
Whether the applicant is entitled to bail given the co-accused's release and lack of recovery from accused.
Whether the applicant should be released on bail in the present FIR considering overlapping allegations.
MUMTAZ ALAM ANWRALI SHAIKH
THE STATE OF MAHARASHTRA
NITIN W. SAMBRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
