NAFEES AHMAD SIDDIQUI Vs. STATE

JUDGEMENT

(1.) By this order two applications being Crl.M.(M) 4699/98 under Section 439 of the Code of Criminal Procedure (for short 'the Code') filed by Nafees Ahmad Siddiqui (for short 'Nafees') for bail and the other being Crl. M.(M) 654/99 under Section 482 of the Code filed by the complainant Shri P.D. Lakhani for setting aside the order dated 20/2/1999 passed by the learned Additional Sessions Judge admitting respondents No. 2 to 5, namely, Shadab Ahmed Siddiqui, Nadeem Ahmed Siddiqui, Shailendra Dixit and Waseem Faridi (for short Shabad, Nadeem, Dixit and Waseem) to anticipatory bail.

(2.) Nafees alongwith Brij Mohan Sharma, Sanotsh Kumar Sharma, Ram Kishan Chauhan (for short Brij, Santosh and Chauhan) has been chargesheeted for offences under Sections 386/506/120-B Indian Penal Code. Whereas aforesaid four others who had been absconding have been shown in column No. 2 of the report. Proceedings under Sections 82 and 83 were initiated against these four persons and in the meantime the learned Additional Session Judge has admitted them to anticipatory bail.

(3.) Since arguments have been addressed at length in both these cases it would be proper to refer to the facts and circumstances of the case in some details.