Bombay High Court
Mohammed Naseem Mohammad Shfique ... vs The State Of Maharashtra on 2 August, 2021
Bench: R.P. Mohite-Dere
901-aba.1070.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1070 OF 2019
Mohammed Naseem Mohammad Shafique Momin ...Applicant
Versus
The State of Maharashtra ...Respondent
None for the Applicant.
Ms. P. P. Shinde, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 2nd AUGUST, 2021
P.C. :
1. Perused the papers with the assistance of the learned APP.
2. By this application, the applicant seeks pre-arrest bail in
connection with C.R. No.36 of 2019, registered with the Bhiwandi City
Police Station, Thane, for the alleged offences punishable under Sections
454, 457, 380 r/w 34 of the Indian Penal Code.
3. The applicant was granted interim protection vide order dated
3rd May 2019, on the premise that co-accused in the present case was also
granted interim relief by this Court vide order dated 25th April 2019.
4. It is not in dispute that co-accused - Mohammed Shakeel
Abdul Majid Momin, who was granted interim protection by this Court, his
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interim relief has been confirmed vide order dated 17 th July 2021, passed in
Anticipatory Bail Application No.1000 of 2019. It is not in dispute that the
role of the applicant is similar to that of the said co-accused. The allegation
as against the applicant and the co-accused is that they entered into the
office of Shakil Rraza Momin by breaking open the door and committed
theft of DVR, hard-disk, CCTV camera, TV and other articles. It appears
that there is a dispute over the control of The Sunni Jama Masjid Kotergate
Trust between two groups. In the order dated 17 th July 2021, by which this
Court (Coram:Prakash D. Naik, J.) confirmed the interim relief granted to
co-accused - Mohammed Shakeel Abdul Majid Momin, it is stated that the
other two co-accused were prosecuted and after trial were acquitted from
the said case vide Judgment and Order dated 29 th April 2019. It appears
that the complainant had not supported the prosecution case. This Court
whilst confirming the interim protection to co-accused - Mohammed
Shakeel Abdul Majid Momin, has observed in para 5 that no other
witnesses had deposed any incriminating evidence as against any of the
accused and confirmed the interim protection on certain terms and
conditions.
5. Considering that the role of the applicant is similar to that of
co-accused - Mohammed Shakeel Abdul Majid Momin, the application
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deserves to be allowed. In the facts, custodial interrogation of the
applicant is not warranted. Accordingly, the following order is passed:-
ORDER
(i) The interim relief granted by this Court vide order dated 3rd
May 2019 is confirmed;
(ii) In the event of the arrest, the applicant be enlarged on bail on
executing P.R. Bond in the sum of Rs.25,000/- with one or more
sureties in the like amount;
(iii) The applicant to cooperate with the investigating agency.
6. The application is allowed in the aforesaid terms and is
accordingly disposed of.
7. It is made clear that the observations made herein are prima
facie, for the purpose of deciding this application.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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