Shaikh Mohammad Azhar Mohammad ... vs The State Of Maharashtra
2023 Latest Caselaw 7234 Bom

                                                                     2-aba3640-2022.doc


 AGK
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

      ANTICIPATORY BAIL APPLICATION NO.3640 OF 2022


 Shaikh Mohammad Azhar
 Mohammad Gaus                                           ... Applicant
            V/s.
 The State of Maharashtra                                ... Respondent


 Mr. Shriram S. Kulkarni i/by Ms. Madhura Deshmukh
 for the applicant.
 Mr. Amit A. Palkar, APP for respondent No.1/State.
 Mr. Uday Gaikwad for respondent No.2.



                                 CORAM : AMIT BORKAR, J.

                                 DATED             : JULY 19, 2023
 P.C.:

 1.      First     information   report       in    connection         with       present

application alleges execution of forged Will dated 28 October 2016.

2. According to the applicant, competent Court on 16 November 2021 granted probate in relation to the Will which is subject matter of the first information report and, therefore, in view of Section 41 of the Indian Evidence Act, 1872 such judgment is conclusive proof of legal character which is conferred by such judgment.

3. It appears that aggrieved party has filed revocation

2-aba3640-2022.doc

application for revocation of probate. The said application is pending. Considering the right conferred under Section 41 of the Indian Evidence Act, 1872, it is necessary that till the appropriate Court passes appropriate orders on revocation application, the applicant deserves to be protected. The hearing of the present anticipatory bail application is deferred till the adjudication of revocation application. Hence, following order:

a) In the event of arrest of the applicant in connection with C.R. No.484 of 2022 registered with Wanawadi Police Station, Pune for offence punishable under Sections 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, 1860, he be released on bail on furnishing P.R. Bond in the amount of Rs.25,000/- with one or two sureties in the like amount;

b) The applicant shall remain present before the investigating officer on 21, 24 and 27 July 2023 between 11.00 a.m. to 2.00 p.m. and thereafter as and when called by the concerned investigating officer;

c) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

d) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

e) The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer,

2-aba3640-2022.doc

and the court concerned, and shall not change the residence till the final disposal of the case;

4. List the anticipatory bail application on 18 December 2023.

(AMIT BORKAR, J.)