Gulrez Hasan Nazim Ali @ Guddu @ ... vs The State Of Maharashtra
2021 Latest Caselaw 10303 Bom

                                                                       907.1433.19 ABA.doc

ISM
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                            CRIMINAL APPELLATE JURISDICTION

                 ANTICIPATORY BAIL APPLICATION NO. 1433 OF 2019

      GULREZ HASAN NAZIM ALI @                               ....APPLICANT
      GUDDU @ RAJU @ GULREJ NAJIMALI
      JAFARI

              V/s.

      THE STATE OF MAHARASHTRA                               .....RESPONDENT

      Mr. A. M. Saraogi i/b Mr. Siddharth Jaiswal for the applicant
      Mr. A. R. Patil APP for the State
      Mr. Bharat Shendge, PI LA-1 Naigaon Police Station


                               CORAM :    NITIN W. SAMBRE, J.

                               DATE:      AUGUST 4, 2021.

      P.C.:

      1]      Applicant was impleaded as accused no. 3 in C.R. No.

      222/2006         registered      with   Colaba   Police    Station       for    Offences

punishable under Sections 302 r/w 120(b), 307 r/w 34 of the Indian

Penal Code and under Section 3, 25 & 27 of the Arms Act.

2] It appears that main accused in the said crime i.e. accused nos.

907.1433.19 ABA.doc

1 & 2 were charge-sheeted and learned Sessions Court recorded their

acquittal in Sessions Trial No. 411/2007 on 19/05/2009.

3] The fact remains that applicant-accused no. 3 absconded and

after the aforesaid acquittal has taken out present proceedings for

grant of pre-arrest bail.

4] The submissions of Mr. Saraogi, learned counsel appearing for

the applicant are, the role attributed in the investigation papers to

the applicant is that of procurement and supplying frearm and

facilitating commission of the offence by hatching criminal

conspiracy. He would invite my attention to the judgment of acquittal

so as to press his case of absence of any evidence against the

applicant on the issue of criminal conspiracy, procurement and

supply of frearm which was claimed to have been used in the

commission of crime.

5] According to Mr. Saraogi, in the backdrop of the fact that

evidence on record was appreciated in a trial against accused nos. 1

907.1433.19 ABA.doc

& 2 and no incriminating material could be noticed against

applicants particularly on the issue of hatching criminal conspiracy

(120B of the Indian Penal Code), applicant deserves to be released on

bail in the event of his arrest.

6] Learned APP from the available papers would invite attention of

this Court to discovery about involvement of the applicant in the

crime in question while investigating another crime which was

registered with D. N. Nagar Police Station. According to learned APP,

the Court while ordering acquittal of accused nos. 1 & 2 has looked

into and analyzed the evidence only to the extent of involvement of

accused nos. 1 & 2 and not the present applicant-accused no. 3. He

would further claim that applicant since has intentionally avoided the

aforesaid trial and remained absconding, is not entitled to any

protection.

In response to the Court's query, he would urge that even if in

the present trial wherein accused nos. 1 & 2 are acquitted, the

weapon though were seized are not produced, he would like to make

submissions on the said issue after taking detailed instructions for

907.1433.19 ABA.doc

failure to produce the weapon during the trial.

7] In response to the Court's query, on instructions from the P.I.

Shendge, who is present in the Court,learned APP submits that

weapons seized in the crime in question but were not produced

during the trial of accused nos. 1 & 2 will be made known to the

Court by 10/08/2021.

8] In the wake of above, matter is adjourned to 10/08/2021.

9] Learned APP be provided with steno-copy of the order.

Investigating offcer is directed to place the copy of this order before

the Additional Commissioner of Police, in-charge of Colaba Police

Station for appropriate compliance.

[NITIN W. SAMBRE, J.]