LAWS(BOM)-2019-9-256

HAROON JAIS KHAN Vs. STATE OF MAHARASHTRA

Decided On September 03, 2019
Haroon Jais Khan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this Application, the Applicant seeks his enlargement on bail in connection with C. R. No. 435 of 2018 registered with the Bhiwandi City Police Station, Mumbai, for the alleged offences punishable under Sections 454, 380, 457, 414 r/w 34 of the Indian Penal Code .

(3.) Perused the papers. According to the Complainant - Mohammed Nasim Mohammed Hanif Ansari, when he was returning home from Masjid on 19.12.2018 at about 08:35 p. m., he received a mobile call from his yonger brother - Kalim Ansari that power loom machine and kandi machine were stolen from their factory. Pursuant thereto, a complaint was lodged as against unknown persons for theft of articles valued at Rs. 3,45,000/-. During the course of investigation, three accused were arrested ( not the Applicant ) and few articles and cash was recovered from them. As far as the Applicant is concerned, the Applicant is not alleged to have committed theft of the articles from the Complainant's factory. As far as the document which is on page No. 34 of the Application is concerned ( 'Vikri Karar' ), the same also does not prima facie show the complicity of the Applicant. The Applicant is in custody since 07.04.2019. Investigation is complete and charge-sheet is filed.