The Court granted anticipatory bail to the applicant, a commission agent accused of cheating, holding that custodial interrogation is unnecessary and confirming interim bail conditions upon arrest.
Application allowed; bail to be granted if arrested on furnishing P.R. bond of Rs.15,000/ with sureties and compliance of conditions.
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.
Tauseef
903.aba.235-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
TAUSEEF LAIQUEE FAROOQUI
Digitally signed by TAUSEEF LAIQUEE FAROOQUI Date: 2023.02.24 16:15:17 +0530
ANTICIPATORY BAIL APPLICATION NO.235 OF 2023
Hannan Khan ..Applicant VS.
The State of Maharashtra ..Respondent
Mr. Shaquiel Ahmed a/w Mr. Gaurav Pandey and Mr. Salman Kaleem i/by Mr. Aayush Pandey for Applicant. Ms. A. A. Takalkar, APP for the State.
Mr. Raghunath Narote, API, Achole Police Station, Palghar – present.
Mr. Achole, P.S. of Palghar – present.
CORAM : M. S. KARNIK, J. DATE : FEBRUARY 21, 2023
P.C. :
1. Heard learned counsel for the Applicant and learned
APP for the State.
2. On 9th February 2023, the applicant was protected by
an interim order. The relevant portion of the order reads thus:-
“2. This is an application for pre-arrest bail by the applicant in connection with C.R. No.1034 of 2021 dated 20/08/2021, registered with Tulinj Police Station, under sections 406 and 420 of the Indian Penal Code, 1860 and sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.
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Tauseef
903.aba.235-23.doc
Information Report was registered on 20/08/2021. The supplementary statement of the complainant came to be recorded on 21/08/2021 wherein she stated that a sum of Rs. 10,28,000/- was handed over in cash to the present applicant for investing in the company called Eaglight.
3. The applicant reported and co-operated with the investigation.
4. Considering the nature of allegations, the main accusations are against the accused no.1 who induced the complainant to invest the amount in the company. It is not the applicant who has induced the complainant. It is alleged that the applicant was working as a commission agent and that he received a commission of Rs.35,000/-. The interim protection, therefore, needs to be confrmed as the custodial interrogation of the applicant is not required. There is no criminal antecedent against the applicant. Hence, the following order.
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Tauseef
903.aba.235-23.doc
O R D E R
(b) In the event of arrest of the applicant in connection with C.R. No.1034 of 2021, dated 20th August 2021, registered with Tulinj Police Station, the applicant shall be released on bail on his furnishing P.R. Bond in the sum of Rs.15,000/with one or more sureties in the like amount;
5. The anticipatory bail application is disposed of.
(M. S. KARNIK, J.)
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3 issues framed by the court
Whether anticipatory bail should be granted to the applicant charged with cheating for receiving a commission.
Whether the applicant is required to be in custody for interrogation given his role as a commission agent.
Whether to grant bail in personam or in rem if the applicant is subsequently arrested.
2 provisions across 2 enactments
TAUSEEF LAIQUEE FAROOQUI
The State of Maharashtra
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
