1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2597 OF 2009 Shaikh Waheed S/o Shaikh Wahed Versus The State of Maharashtra. *** Mr. D. S. Bharuka, Advocate for the Applicant. Mr. P. M. Shinde, A.P.P. for the Respondent/ State. *** 1. Heard learned counsel. In an incident dated 21st April, 2009 when, at the instance of few persons, Shaikh Irfan alias Maulana approached the complainant Ishwar Bansi Rathod, under the stooge to make ornaments of the double size and also for other monetary benefits, it was in this situation, said Ishwar handed over ornaments with a hope to get them doubled and he was duped for Rs.1,57,820/-. After the events, said Shaikh Irfan kept himself away, could not be located. The accused/ applicant, according to the complainant, was with the said Maulana, however, the accused being an influential person of Kannad, being a Municipal Member, he threatened the complainant not to lodge any report to police, otherwise coming to Kannad will be a difficult task for the complainant Ishwar and hence the report could not be lodged in 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. time. It was lodged consequently on 11th July, 2009. 2. The accused/ applicant is in custody from 12th July, 2009. Indeed nothing is to be recovered from him. He hails from Kannad and no other criminal record. The offences or the allegations attributed against the accused/ applicant, at this stage, will not be leading to indicate any conspiracy or any inducement on the part of the accused/ applicant to making complainant to part with his valuables. There is virtually no deception played by the accused/ applicant herein. 3. It cannot be said that Shaikh Irfan alias Maulana made his escape at the behest of the present accused/ applicant. Police have their independent machinery. They can lay hand to apprehend said Maulana. Care can be taken about the threat apprehension nursed by the complainant or the witnesses. Hence, order. 4. The accused/ applicant Shaikh Waheed S/o Shaikh Wahed be released in Crime No.I-124 if 2009 on his furnishing P.R.Bond and surety to the tune of Rs. 20,000/- [Rupees twenty thousand only]. 5. The accused/ applicant shall not live within the 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. jurisdiction of Kannad Taluka for a period of six months. However, whenever the municipal council meetings are held/ scheduled at the municipal council, Kannad, he shall have such exemption and for that purpose, after such meetings, the applicant shall report to the concerned police at Kannad in Crime No.I-124 of 2009. 6. The accused/ applicant shall not influence the witnesses or shall not coerce them. 7. Application is allowed in above terms. 8. Hamdast allowed. [K. U. CHANDIWAL, J.] Dated:13/08/2009. ans/2597