Allowed

Akhtar Ali Yusuf Idrisi v. the State of Maharashtra

Bombay HC10 Aug 2021BA/751/2021

Case brief

AI extract

What is this about?

High Court allowed bail to Akhtar Ali Yusuf Idrisi arrested in a cheating case under Section 420 IPC. The court noted the applicant was in custody for over 29 months, the trial would not conclude soon, and his presence could be secured through specific conditions.

What did the court decide?

Release on bail on executing Rs.50,000 bond with sureties, subject to reporting to IO and non-interference with witnesses.

Akhtar Ali Yusuf Idrisi Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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BA-751-2021(sr.39)
10.8.2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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 BAIL APPLICATION NO. 751/2021

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Akhtar Ali Yusuf Idrisi

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.....Applicant

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V/s.

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The State of Maharashtra

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....Respondent

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* * * *

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Mr. Rajendra Rathod, Advocate for the applicant.

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

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CORAM : SANDEEP K. SHINDE, J.
Tuesday, 10th August, 2021.

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P.C. :

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1. Heard learned Counsel for the applicant and

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learned APP for State.

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2. The applicant seeks his enlargement on bail in
connection with Crime No.100/2019 registered at Kalyan
Police Station for the offence punishable under Section 420
of the Indian Penal Code. Applicant was apprehended on
1st March, 2019. Investigation is over and chargesheet has
been filed. It culminated into Regular Criminal Case

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10.8.2021

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No.334/2019, wherein, prosecution has examined Lukmaan
Rizwan Khan as its witness. The offence is triable by the
Magistrate.

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3. The learned Counsel for the applicant, submitted
that, applicant is in custody since more than 29 months and
in the prevailing circumstances, trial is not likely to
conclude in the near future, however, applicant’s presence
for trial can be secured by imposing conditions. On these
grounds, he seeks bail.

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4. Mr. Dedhia, learned Prosecution has taken me
through the chargesheet, wherefrom it is manifest that, the
applicant, had entered into agreements with fifteen persons
to sell a tenement in ‘Ajmeri Chawl’ at Kalyan, knowing
fully well that he had no right to construct the tenements
nor he had requisite permissions from the Local Planning
Authority. This itself, shows that, since inception of the
transaction, he had intention to cheat the purchasers.
After selling tenements, Kalyan Municipal Corporation
has issued notices to the occupants of ‘Ajmeri Chawl’, since
the land underneath the ‘Ajmeri Chawl’, was required for
constructing the ring road. Whereafter, the occupants were
called upon to vacate their respective tenements. When

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10.8.2021

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they enquired, they came to know that the applicant and
the co-owner had no right and/or authority either to
construct and/or to sell the tenements in the Ajmeri Chawl
nor they were the owners of the land. On this premise, they
filed the complaint. Whereafter the subject crime came to
be registered. Although, there is a dependable evidence
collected by the investigating agency which clearly shows
applicant’s complicity in the crime, but the fact remains
that, applicant has been incarcerated for about thirty
months for the offence of cheating.

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5. Thus, in view of the facts of the case, in my view,
a case is made out for releasing the applicant on bail. For
the reasons stated above, the application is granted on the
following conditions :

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O R D E R

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(i) The applicant arrested in Crime No. 100/2019
registered at Kalyan Police Station, shall be
released on bail on executing P.R. bond for the sum
of Rs.50,000/- (Rs.Fifty Thousand only) with one or
more sureties in the like sum.

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BA-751-2021(sr.39)
10.8.2021

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(ii) The applicant shall report to the Investigating
Officer i.e. second and fourth Monday of each
month between 11:00 am. to 1:00 p.m. till the
conclusion of the trial and co-operate in the
investigation.

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(iii) The applicant shall furnish his permanent
residential address and contact number to the
Investigating Officer forthwith within a week of his
release from jail.

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(iv) The applicant shall not tamper with the
evidence or attempt to influence or contact the
complainant, witnesses or any person concerned
with the case.

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6. The application is disposed off in the above

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terms.

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7. The learned Counsel for the applicant, assures
that, if the occupants of the ‘Ajmeri Chawl’ are
compensated by the Municipal Corporation, he shall not
claim any interest or right in the compensation, if any,
awarded by the Corporation.

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BA-751-2021(sr.39)
10.8.2021

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

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Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2021.08.11 10:24:00 +0530

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(SANDEEP K. SHINDE, J.)

Akhtar Ali Yusuf Idrisi v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Akhtar Ali Yusuf Idrisi v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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