1 ABA 485.11.doc JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 485 OF 2011 Mr. Afzal Hazi Khan Alias Afzall Pani. ... Applicant. V/s. The State of Maharashtra Through Bandra Police Station, Mumbai. ... Respondent. Mr. B.P. Pandey i/b. Manish Kumar Yadav for the Applicant. Mrs. R.V. Newton for the State. Mr. Nandkumar Gaikwad, PSI, Bandra Police Station present. CORAM : A.M. THIPSAY, J. DATED : 13th JUNE 2011. P.C. :- Heard Mr. B.P. Pandey, learned Advocate for the Applicant and Mrs. Newton, learned APP for the State. 2. I have gone through the communication addressed by the Senior Inspector of Police, Bandra Police Station to the Public Prosecutor. The same is taken on record, on being tendered by the learned APP. 3. I have glanced through the Case Diaries. It is undisputed that the Applicant is sought to be arrested only on the 2 ABA 485.11.doc statement made by the co-accused Riyaz Dawood Kashmiri. The said Riyaz Kashmiri was found to be possessing one country made pistol. It is, on the basis of some secret information received by the Police, that the said accused was apprehended and during his personal search, the said country made revolver was found. Thereafter, pursuant to some information disclosed by him, another country made pistol is also stated to have recovered from his house. Now, the allegation against the Applicant is that he had given those country made pistols to the said accused. 4. The prosecution story is that said Riyaz, the present Applicant and one Mumtaz, hatched a conspiracy to get two persons falsely arrested in some bogus case. It is for that purpose, that the photographs of those persons were kept by the said Riyaz Kashmiri with him. It was pre-planned, that the said Riyaz Kashmiri would get himself arrested and would be found in possession of a country made pistol and that, after his arrest, he would involve those two persons in serious offences. 5. When such is the nature of the case, and the revelation of the fact that the said accused Riyaz Kashmiri was possessing a 3 ABA 485.11.doc country made pistol is said to have been on the basis of secret information, the Court has to be cautious and examine whether there is sufficient basis for custodial detention and interrogation of the Applicant. The Applicant is branded as a hardened criminal by the police. It is stated that about 30 cases are pending against them. Actually, only 15 cases are mentioned in the list submitted in that regard and admittedly, many of the cases have resulted in acquittal. That the police have obvious grudge against the Applicant is clear from the fact that they have mentioned in their say that the ‘Applicant makes complaint against the Police Officers and that he tries to record the conversation of the Government Officers and blackmail them.’ 6. Considering all the relevant aspects of the matter, and even assuming that there is substance in the accusation, I do not think that the custodial detention of the Applicant is essential in this case. 7. Considering the nature of allegation and the material on the basis of which the Applicant is sought to be arrested, together with the apparent hostility of the Police towards him, 4 ABA 485.11.doc it is desirable to protect him by granting anticipatory bail. Appropriate and stringent conditions can be imposed upon the Applicant to ensure that the investigation does not suffer. 8. In the event of his arrest, the Applicant be released on bail in the sum of Rs.25,000/-, with one surety, in like amount, on the condition to attend the Bandra Police Station every day between 4.00 p.m. to 7.00 p.m. and make himself available for investigation/interrogation, for a period of 2 weeks and even thereafter, until further orders from the concerned Magistrate. The Applicant shall not depart from the limits of Greater Bombay and Thane, except with the previous permission of the Investigating Officer. The Applicant shall surrender his pass- port, if any, with the Police, within a period of one week from today. (A.M. THIPSAY,J.)