Sayyad Mohsin S/O. Sayyad Noor Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Sayyad Mohsin S/O. Sayyad Noor Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection granted by order dated 17.02.2025 confirmed, subject to conditions: (i) attendance at the concerned police station as and when required by the investigating officer; (ii) no tampering with prosecution evidence and no influencing of the informant, witnesses or other persons concerned; (iii) co-operation with the investigation and trial Court proceedings; breach makes the protection liable to cancellation. Observations confined to disposal of the anticipatory bail application; application disposed of.

Issue for consideration

Whether the applicant, who apprehends arrest in Crime No. 0348/2024 registered with Jawahar Nagar Police Station, Dist. Chhatrapati Sambhajinagar, for offences under the Maharashtra Control of Organized Crime Act, 1999, the B.N.S., the Maharashtra Police Act and the Arms Act, is entitled to anticipatory bail / pre-arrest protection.

Court's answer

It was made known to the Court that the MCOC Act is not applicable to the present applicant, and on that consideration the interim protection granted to the applicant was confirmed (as recorded in para 3 of this Court's earlier order dated 17.02.2025, reproduced in the judgment).

Ratio / Principle

Since the applicant attended the concerned police station and co-operated with the investigation (a fact not disputed by the learned APP) and nothing further adverse was found against him, the interim protection granted by order dated 17.02.2025 stands confirmed.

Key takeaways

The confirmation of interim protection is subject to conditions: the applicant shall attend the concerned police station as and when required by the investigating officer; shall not tamper with the evidence of the prosecution in any manner and shall not influence the informant, witnesses and other persons concerned with the case; and shall co-operate with the investigation and the proceedings before the trial Court.ratio¶22
In the event the applicant violates any of the conditions specified in the order, the interim protection shall be liable to be cancelled.ratio¶26

Detailed headnote1 paragraphs

Anticipatory Bail – applicant apprehending arrest in Crime No. 0348/2024, Jawahar Nagar Police Station, Dist. Chhatrapati Sambhajinagar, for offences under Ss.3(1)(ii), 3(2), 3(4) Maharashtra Control of Organized Crime Act, 1999; Ss.351(3), 351(2), 310(2), 191(2), 189(4), 189(2), 109 B.N.S.; S.135 Maharashtra Police Act; Ss.4, 25 Arms Act – interim protection earlier granted by this Court by order dated 17.02.2025, recording that the MCOC Act is not applicable to the applicant – applicant thereafter attended the police station and co-operated with investigation; fact not disputed by APP; nothing further adverse found – interim protection confirmed subject to conditions (attendance as and when required by IO; no tampering with evidence or influencing informant/witnesses; co-operation with investigation and trial) – violation of conditions renders protection liable to cancellation – observations limited to disposal of anticipatory bail application, trial Court to proceed uninfluenced – application disposed of.

129.25ABA

2025:BHC-AUG:6840

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

928 ANTICIPATORY BAIL APPLN. NO. 129 OF 2025

SAYYAD MOHSIN S/O. SAYYAD NOOR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr.R.A.Shinde a/w. Adv.K.R.Doke APP for Respondent-State : Mr.Ruchir S. Wani

CORAM : ARUN R. PEDNEKER, J. DATE : 07.03.2025

P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No. 0348/2024, registered with Jawahar Nagar Police Station, Dist. Chhatrapati Sambhajinagar, for the offence punishable under Sections 3 (1) (ii), 3 (2), 3 (4) of the Maharashtra Control of Organized Crime Act, 1999, under Section 351 (3), 351 (2), 310 (2), 191 (2), 189 (4), 189 (2), 109 of the B.N.S. and Section 135 of the Maharashtra Police Act and Section 4, 25 of the Arms Act.

3] This Court, by order dated 17.02.2025, has granted interim protection in favour of the applicant, for the reasons statd in para no.3, as noted below :

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129.25ABA

3.Today, it is made known to this Court
that the MCOC Act is not applicable to the
present applicant. Considering the same, the
interim protection granted to the applicant is
confirmed.

4] The learned counsel for the applicant submits that in pursuance of the aforesaid order, the applicant has attended the concerned police station and has co-operated with the investigation.

5] The aforesaid fact is not disputed by the learned APP. Nothing further adverse is found against the present applicant.

6] In view of the same, the interim protection granted by order dated 17.02.2025 stands confirmed, in the following terms :

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

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

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129.25ABA

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

7] In the event, the applicant violates 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 application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE

DDC