Allowed

Afzal Choudhary and Ors. v. State of Maharashtra

Bombay HC29 Mar 2023ABA/160/2023

Case brief

AI extract

What is this about?

In two anticipatory bail applications, the High Court allowed bail for three applicants facing arrest in cases related to alleged damages during a demolition of a building under a development agreement, imposing specific reporting and bond conditions. The court held custodial interrogation was not justified.

What did the court decide?

Anticipatory bail allowed on condition of furnishing PR bonds of Rs. 25,000 each with sureties, reporting to IO twice a week, and informing IO of address/contact changes.

Afzal Choudhary and Ors. Vs State of Maharashtra — Anticipatory Bail | Bombay HC (2023)

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Megha 19_aba_159_2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.159 OF 2023 WITH

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INTERIM APPLICATION NO.295 OF 2023 IN

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ANTICIPATORY BAIL APPLICATION NO.159 OF 2023

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1. Sachin Kantilal Bhatt

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2. Nilesh Surendra Poojari

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3. Afzal Choudhary

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...Applicants

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Versus

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The State of Maharashtra ...Respondent

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WITH ANTICIPATORY BAIL APPLICATION NO.160 OF 2023 WITH

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INTERIM APPLICATION NO.294 OF 2023
IN

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ANTICIPATORY BAIL APPLICATION NO.160 OF 2023

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1. Afzal Choudhary

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2. Sachin Kantilal Bhatt

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3. Nilesh Surendra Poojari

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...Applicants

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Versus

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The State of Maharashtra ...Respondent

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Mr. Meghashyam Kocharekar for the Applicants in both the matters.
Ms Anita Katariya for the Intervenor.

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Mr. Shrikant Yadav, APP for Respondent -State.

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Mr. R. Jadhav, PSI, Kandivali Police Station, present.

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 CORAM: SMT. ANUJA PRABHUDESSAI, J.

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 DATED : 29th MARCH, 2023.

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P. C. :-

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1.By these applications under Section 439 of the Cr.P.C. the

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Megha 19_aba_159_2023.doc

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Applicants herein have sought pre-arrest bail apprehending their arrest
in Crime Nos. 1434 of 2022 and 1408 of 2022 registered with
Kandivali Police Station, for the offences punishable under Sections
341, 427, 451 and 452 r/w 34 of the IPC.

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2.The aforesaid FIRs were registered pursuant to the FIR
lodged by tenants in Devibhavan building situated at Kandivali. The
grievance of the Complainant is that on 17/12/2022 the Applicants
alongwith the officers of the Corporation came to the site and told
them that adjoining building i.e. Shivmahal building is in dilapidated
condition and same needs to be demolished. They were called upon to
vacate the premises temporarily so as to prevent loss of life and
damage to the property in the process of demolition of Shivmahal
building. Grievance of the Complainant is that their rooms were partly
demolished and household articles were damaged.

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3.The records prima facie reveal that the Applicant Nos.2 and
3 have entered into development agreement with Shiv Mahal Co-
Operative Housing Society Limited to develop the plot admeasuring

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Digitally signed MEGHA by MEGHA SPARAB S Date: 1106.10 sq.meters including the building comprising of 21 residential 2023.03.30 PARAB 19:10:04 +0530 premises, 4 commercial premises and 9 residential premises occupied

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Megha 19_aba_159_2023.doc

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by the protected tenants. The records reveal that the Developers have
obtained all requisite permissions. Grandfather of the Complainant has
already given his consent for development. There is no challenge to
the development agreement. Prima facie, it appears that the
Complainants are aggrieved by the development being carried out by
the Applicants in pursuance to the development agreement executed
with the society.

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4.Considering the above fact as well as considering the nature
of allegations levelled against the Applicants, this is not a case which
would justify custodial interrogation. Hence, the applications are
allowed on the following terms and conditions:-

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(i) In the event of arrest of the Applicants in Crime

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Nos. 1434 of 2022 and C.R. Nos.1408 of 2022

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registered with Kandivali Police Station, the
Applicants shall be released on bail on furnishing
PR bonds in the sum of Rs.25,000/- each with

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one or two sureties each to the like amount.

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(ii) The Applicants shall report to the concerned

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Investigating Officer for a period of two days

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from 03/04/2023 between 11.00 a.m. to 2.00

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3/4

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Megha 19_aba_159_2023.doc

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p.m. and further as and when required by the

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Investigating Officer.

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(iii) The Applicant shall keep the Investigating

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Officer informed of their current addresses and

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mobile contact numbers, and /or change of

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residence or mobile details, if any, from time to

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time.

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5. The application stands disposed of. Interim application (s), if any, stand (s) disposed of accordingly.

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 (SMT. ANUJA PRABHUDESSAI, J.)

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Afzal Choudhary and Ors. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Afzal Choudhary and Ors. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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