MOHAMMED KHALID SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this application, the applicant prays for a prearrest (anticipatory) bail in connection with a crime registered with Shivajinagar Police Station, Pune for an offence punishable under sections 467, 468, 471, 420 read with section 34 of the I.P.C. By way of an interim relief he also prays for a direction to the Magistrate/ police to furnish him a copy of the First Information Report (for short "the F.I.R.") registered against him.

(2.) THE facts lie within a narrow compass and can be briefly summarised as follows: On 12th December 2009, one Rashid Akhtar (hereafter referred to as "the accused no.1") presented in the I.D.B.I. Bank, Ashok Nagar Branch the two cheques, one for Rs.95,000/- and another for Rs.98,400/- drawn by Bharat Paper Mart and Goel Housing Construction Co. respectively. On inspection of the cheques the branch manager suspected fraud and inquired with the account holders who confirmed that the cheques were not issued by them and were forged. The branch manager alerted the police who rushed immediately, recorded a statement of the branch manager (the F.I.R.) and arrested the accused no.1. On interrogation, the accused no.1 stated that the present applicant (who is accused no.2) was a co-conspirator. On learning this, the accused no.2 approached the Court of Sessions for pre-arrest bail but it was refused. The accused no.2 has therefore approached this Court for pre-arrest bail.

(3.) I have heard Mr. Shivarkar, learned counsel for the applicant and Mr. Saste, learned A.P.P. appearing for the State. I have also heard Mr. Mundargi, learned Senior Advocate, as an amicus curie.