1 ABA-316.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.316 OF 2011 {For Anticipatory Bail} Maulana Mazhar Alam Shaikh & Ors. .... Applicants Vs. The State of Maharashtra .... Respondent S/Shri E. Briganza i/b Amol Joshi for the Applicants. Ms Alpa T. Javeri, APP, for the State. Shri Prakash Wagh for the original Complainant. CORAM: R.C. CHAVAN, J. DATED: MAY 02, 2011 P.C: 1. This is an application for anticipatory bail by a Maulana and his relations who apprehend their arrest in Crime No.I-55 of 2011 of Mira Road Police Station, District Thane. The allegation is that after the first informant's husband expired, the properties left behind by the first informant's husband were appropriated by applicant No.1 Maulana, who gifted two of the properties to his daughters, received the amounts under the life insurance policy of the first informant's 2 ABA-316.11 husband and refused to part with the amounts and the properties of the first informant's husband to which the first informant was entitled. Applicant Nos.2 and 3 are said to be either in possession of or appropriating the income from the properties left behind by the first informant's husband. I have heard the learned counsel for the applicants. On the last occasion, that is on 18-4-2011, the learned counsel for the applicants had categorically stated that the applicants would restore to the first informant whatever properties were left behind by her husband which were with them. Today, the learned counsel comes with the argument that the parties are governed by Islamic law and therefore the first informant is entitled only to 1/16 th of the share in the properties and therefore the applicants refused to restore to the first informant the properties which have been appropriated by the applicants. The learned counsel for the first informant as well as the learned APP state that apart from every other thing, at least the amounts which have been taken by the first applicant and allegedly deposited in the account of the first informant, without obtaining the first informant's signature even for opening the bank account, should be 3 ABA-316.11 returned to the first informant. The learned counsel for the applicants denies this. This would require an investigation. In view of this, so far as applicant Nos.2 and 3 are concerned, who are alleged to have appropriated a shop and other the properties and enjoying income therefrom, the first informant may take appropriate steps. As far as applicant No.1 is concerned, since he has allegedly indulged in forgery, this would require investigation and therefore applicant No.1-Maulana's application would have to be rejected and is rejected. 2. As far as applicant No.2-Zakiullah @ Chand Shaikh and applicant No.3-Abdul Kalam Shaikh are concerned, in the event of their arrest in the afore-stated crime number, they be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- each with one or more solvent sureties in the sum aggregating to Rs.25,000/- per person on the condition that the two applicants shall report at the police station concerned on 9-5-2011 at 11:00 a.m. and thereafter as and when required by the I.O.. The applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from 4 ABA-316.11 disclosing such facts to the Court or to any police officer and they shall not leave the country without the prior permission of the trial Court. 3. This order, in so far as it relates to applicant No.2-Zakiullah @ Chand Shaikh and applicant No.3-Abdul Kalam Shaikh are concerned, shall remain in force till the trial is over with the only stipulation that if charge-sheeted, the applicants may furnish fresh bond before the trial Court in view of the Judgment of the Supreme Court, dated 2-12-2010, delivered in Criminal Appeal No.2271 of 2010, arising out of SLP (Cri.) No.7615 of 2009 {Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors.}. 4. The application accordingly stands disposed of. (R.C. CHAVAN, J.)