Shahid Khan Vs the State of Jharkhand through CBI

IN THE HIGH COURT OF JHARKHAND, RANCHI

B.A. No. 11141 of 2023

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Shahid Khan, aged about 50 years, son of Md. Mustaque Khan, resident of 67 Grin Kuli Road, Road No. 17, Zakir Nagar, Near Kerala Public School, Jamshedpur, P.O. and P.S. Mango, District-East Singhbhum

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….. Petitioner

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-- Versus --

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Union of India through C.B.I.

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…... Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Birendra Kumar, Advocate For the C.B.I. : Mr. Anil Kumar, A.S.G.I.

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Mrs. Chandana Kumari, A.C. to A.S.G.I.

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17 /16.08.2024 :- Heard learned counsel for the petitioner and learned counsel for the C.B.I.

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The petitioner is seeking regular bail in connection with R.C. 01(S)/2016-EOW-R for the alleged offence registered under sections 120B read with 420, 467, 468 and 471 of I.P.C. and subsequently chargesheet was submitted under sections 120B read with 420, 467, 468 and 471 of I.P.C. and section 13(2) read with 13(1)(d) of Prevention of Corruption Act, pending in the Court of learned Special Judge, C.B.I., Ranchi.

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Mr. Birendra Kumar, learned counsel appearing for the petitioner submits that the petitioner is innocent and he is in jail custody since 17.02.2023. He further submits that one Md. Azaz Khan was the guarantor of the loan in question borrowed by the principal borrower Md. Shadab Khan, the proprietor of M/s M.K. Engineering Works Firm and coaccused Subhashish Sinha who was the employee of M/s M.K. Engineering Works firm have been granted privilege of anticipatory bail in A.B.A. No. 2202 of 2018. He further submits that main accused Shadab Khan was also provided regular bail in B.A. No. 3495 of 2019. He further submits that so far this petitioner is concerned, only allegation is made that on the instruction of this petitioner all such act has been done by Shadab Khan and Subhashish Sinha. On these grounds, he submits that the petitioner may kindly be released on regular bail.

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On the other hand, Mr. Anil Kumar learned A.S.G.I appearing on behalf of C.B.I. draws the attention of the Court to the order of the learned Sessions Judge dated 16.10.2023 and submits that this petitioner has created fake identity in Cr.M.P. Nos. 1169 of 2021, 1170 of 2021, 1171

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of 2021 and 1176 of 2021. He further submits that the petitioner has stated that he is practising advocate of Calcutta High Court and Hon’ble Supreme Court of India and he has also claimed that he is Zahid Khan son of late Mumtaz Khan, former Judge of the Calcutta High Court. He further submits that the conduct of the petitioner clearly suggests that he has taken all steps to evade his arrest and even the name of one of the Judge of Calcutta High Court he has also not sphered and wrongly he has stated that he is son of that Judge. On these grounds, he submits that regular bail of the petitioner may kindly be rejected.

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In view of above submissions of the learned counsel for the parties the Court finds that this petitioner has repeatedly changed his identity by way of filing the aforesaid Cr.M.Ps that has been recorded in the submissions of the learned A.S.G.I appearing for the C.B.I. The petitioner has stated that he is a practising advocate of Calcutta High Court and Hon’ble Supreme Court of India and when this was identified by the Court all these Cr.M.Ps. were widhrawn. The petitioner has misused the name of the retired judge of the Calcutta High Court. This clearly suggests that this petitioner has taken all steps to mislead the Court and the Investigating Agency.

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In the attending facts and circumstances of the case, I am not inclined to grant regular bail to the petitioner. Accordingly, his prayer for regular bail is rejected.

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Let the case diary be sent back to the learned court forthwith.

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( Sanjay Kumar Dwivedi, J.)

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Satyarthi/

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Shahid Khan v. the State of Jharkhand through CBI

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Shahid Khan v. the State of Jharkhand through CBI

Case brief

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