Mohammad Yusuf Mohammad Afsar Vs the State of… — Cheating and Forgery | Bombay HC (2025)

Mohammad Yusuf Mohammad Afsar Vs the State of… — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Confirmation of the interim protection earlier granted by orders dated 18.07.2024 and 05.08.2024, subject to conditions (attendance at the concerned police station as and when called by the investigating officer; no tampering with prosecution evidence and no influencing of the informant, witnesses or other persons concerned; co-operation with the investigation and trial Court proceedings), breach rendering the protection liable to cancellation. Criminal Applications Nos. 4112/2024 and 4113/2024 for assisting the P.P. allowed and disposed of.

Issue for consideration

Whether the interim protection earlier granted to the applicants in ABA Nos. 1205/2024 and 1277/2024 should stand confirmed, given that they attended the police station, co-operated with the investigation, and settled the dispute with the original complainant. +1 more

Court's answer

The interim protection granted by this Court by orders dated 18.07.2024 (ABA No.1205/2024) and 05.08.2024 (ABA No.1277/2024) stands confirmed, on the terms that the applicants (i) attend the concerned police station as and when called by the investigating officer, (ii) do not tamper with the evidence of the prosecution or influence the informant, witnesses and other persons concerned, and (iii) co-operate with the investigation and the proceedings before the trial Court.

Ratio / Principle

If the applicants violate any of the conditions specified in the order, the protection shall be liable to be cancelled.

Key takeaways

The observations made in the order are limited to the disposal of the present anticipatory bail applications; the trial Court shall proceed further in the matter without being influenced by them.obiter¶¶37
Criminal Applications No. 4112/2024 and No. 4113/2024 for assisting to the P.P. are allowed and disposed of accordingly.ratio¶¶25

Detailed headnote1 paragraphs

Anticipatory bail - Confirmation of interim protection. Applicants apprehending arrest in FIR No. 347/2024 of Nanalpeth Police Station, District Parbhani, for offences punishable under sections 406 r/w. 34 IPC. Interim protection had been granted by orders dated 18.07.2024 (ABA No.1205/2024) and 05.08.2024 (ABA No.1277/2024); the applicants thereafter attended the concerned police station, co-operated with the investigation, and settled the dispute with the original complainant, facts not disputed by the informant. The Court confirmed the interim protection on conditions: attendance at the police station as and when called by the investigating officer; no tampering with prosecution evidence and no influencing of the informant, witnesses or other concerned persons; and co-operation with the investigation and trial Court proceedings. Violation of any condition renders the protection liable to cancellation. Observations in the order are limited to disposal of these applications and the trial Court is to proceed uninfluenced by them. Criminal Applications Nos. 4112/2024 and 4113/2024 for assisting the P.P. were allowed and disposed of. (Aurangabad Bench, Arun R. Pedneker J.; 20.01.2025)

2025:BHC-AUG:1604

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

31 ANTICIPATORY BAIL APPLN. NO. 1205 OF 2024

MOHAMMAD AFSAR MOHAMMAD IQBAL VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr.Mayur M. Subhedar APP for Respondent-State : Mr.B.B.Bhise

Advocate for the Assist to P.P. : Mr.G.J.Karne

WITH

ANTICIPATORY BAIL APPLN NO. 1277 OF 2024

MOHAMMAD YUSUF S/O. MOHAMMAD AFSAR VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr.Mayur M. Subhedar APP for Respondent-State : Mr.B.B.Bhise

Advocate for the Assist to P.P. : Mr.G.J.Karne

WITH

CRIMINAL APPLICATION NO. 4112 OF 2024 IN ABA/1277/2024

WITH

CRIMINAL APPLICATION NO. 4113 OF 2024 IN ABA/1205/2024

CORAM : ARUN R. PEDNEKER, J.

DATE : 20.01.2025

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P.C. :

1] Heard. For the reasons stated in Criminal Application No.4112/2024 and 4113/2024 for assisting to the P.P., the same are allowed. Criminal Applications are disposed of accordingly.

2] Heard learned counsel for the applicants in ABA Nos.1205/2024 and 1277/2024, learned counsel for the assist to P.P. and the learned APP for the respondent-State.

3] The applicants are apprehending arrest in connection with FIR No. 347/2024, registered at Nanalpeth Police Station, District Parbhani, for the offences punishable under sections 406 r/w. 34 of the IPC.

4] The learned counsel for the applicants submits that this Court, by order dated 18.07.2024 in ABA No.1205/2024 and order dated 05.08.2024 in ABA No.1277/2024, has granted interim protection in favour of the applicants and the applicants have attended the concerned police station and have co-operated with the investigation. The learned counsel for the applicants submits that they have settled the dispute with the original complainant.

5] The learned counsel for the informant has not disputed the aforesaid fact.

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6] Considering that in terms of order dated 18.07.2024 and 05.08.2024, the applicants have attended the concerned police station and have co-operated with the investigation, so also, the parties have settled their dispute, the interim protection granted by this Court by order dated 18.07.2024 and 05.08.2024 stands confirmed, on the following terms :

i] The applicants shall attend the concerned police station as and when called by the investigating officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

7] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.

8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail applications and the trial Court shall

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proceed further in the matter without being influenced by the observations made hereinabove.

9] The applications stand disposed of.

[ARUN R. PEDNEKER] JUDGE

DDC