(Dinesh Maheshwari and Aniruddha Bose, JJ.)
Yasar Ayub Kapadia ________________________________ Appellant;
v.
State of Maharashtra ______________________________ Respondent.
Criminal Appeal No. 514 of 2021 (Arising out of SLP(Crl.) No. 3159 of 2021), decided on May 21, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. The appellant sought bail in connection with C.R. No. 157 of 2017 registered with Oshiwara Police Station for offences under Sections 420, 467, 468, 471, 120-B, 406, 506(2), 504 read with 34, Indian Penal Code. The bail application moved before the High Court was rejected by the impugned order dated 23.10.2020.
3. It is submitted that the appellant is in custody since 05.05.2019 and the transactions forming the subject matter of FIR in question took place when the appellant was only 19 years of age. It is also submitted that the allegations are principally directed against the father of the appellant on whose instructions, the amount in question was transferred to the appellant’s account and that had ultimately gone to the co-accused Mohammed Natik Yunus Kapadia. It is also submitted that the said co-accused Mohammed Natik Yunus Kapadia was granted bail on 15.12.2018. It is further submitted that the bail had also been granted to the co-accused Mohammed Riyaz Gulam General on 20.12.2018. It is also submitted that the investigation in the matter stands concluded and charge sheet has already been filed and no useful purpose will be served by further detention of the appellant in this matter.
4. The bail application is opposed with reference to the allegations in the present case as also with the submissions that the appellant had been involved in other cases too for similar nature offences.
5. It is pointed out on behalf of the appellant that as regards FIR No. 15/2019 registered at Police Station Khatodara, the appellant was granted bail on 18.01.2019 and in relation to FIR No. 748/2018 registered at Police Station, Civil Lines, Gurugram, the appellant was granted anticipatory bail by the High Court on 27.05.2019.
6. Having taken note of the totality of facts and circumstances of the case and the fact that the appellant is in custody for over two years and the trial is likely to take time, we find no justification for continuing with detention of the appellant for facing trial in the present case.
7. In the aforesaid view of the matter, this appeal is allowed; impugned order dated 23.10.2010 is set aside; and the bail application of the appellant is allowed. He is ordered to be released on bail to the satisfaction of the Trial Court.
8. Pending applications, if any, stand disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3159/2021
Yasar Ayub Kapadia ________________________________ Appellant
v.
The State of Maharashtra ___________________________ Respondent
(FOR ADMISSION and I.R. and IA No. 53115/2021-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT)
Date: 21-05-2021 This petition was called on for hearing today.
(Before Dinesh Maheshwari and Aniruddha Bose, JJ.)
For Petitioner(s) Mr. Siddharth Aggarwal, Sr. Adv.
Mr. Siddhesh Kotwal, Adv.
Ms. Bansuri Swaraj, Adv.
Ms. Arshiya Ghosh, Adv.
Ms. Manya Hasija, Adv.
Ms. Ana Upadhyay, Adv.
Mr. Nirnimesh Dube, AOR
For Respondent(s) Mr. Sachin Patil, AOR
Mr. Rahul Chitnis, Adv.
Mr. Aaditya A. Pande, Adv.
Mr. Geo Joseph, Adv.
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. The appeal is allowed in terms of the signed order.
11. Pending application(s), if any, stand disposed of.
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