The article is publish against the jurisdiction of the Indian law and state bodies of Maharashtra. The information provided on the page about the Farzan Salim Shaikh is received through the authorise source and verified by the editors before publishing on the site. If anyone find information incorrect could reach us to update the information or remove it completely.
Indian penal court gives the freedom to express the opinion of the individuals freely. However, the publisher of the information must take the consent of the person before publishing the sensitive data. The State of Maharashtra on 3 June 2019 updated the status of the application submitted in the Bombay High court and the respected authority. Bail application reports are given below with the information of both the parties participating in the case.
Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member Services — Sign up today and get free trial for one month.
Bombay High Court
Farzan Salim Shaikh vs The State Of Maharashtra on 3 June, 2019
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
1/6 10-ba.1477.2019.docnsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1477 OF 2019
Farzan Salim Shaikh ...Applicant
(Original Accused No.5)
Versus
The State of Maharashtra ...Respondent
Mr.M.S.Mohite i/b Mr.R.D.Suryawanshi, for the Applicant.
Mr.A.R.Kapadnis, A.P.P for the Respondent - State.
API - Sunil Lokhande, Borivali Police Station, Mumbai.
CORAM : REVATI MOHITE DERE, J.
DATE : 3rd JUNE, 2019
P.C. :
1. Heard learned counsel for the parties.
2. By this application, the Applicant seeks his enlargement on
bail in connection with C.R.No.168 of 2016 registered with the Borivali
Police Station, Mumbai, for the alleged offences punishable under
Sections 370(3), 114, 34 of the Indian Penal Code and under Sections 3, 4,
5, 7(1)(b) of Immoral Traffic (Prevention) Act, 1956 (PITA Act).
::: Uploaded on - 04/06/2019 ::: Downloaded on - 05/06/2019 00:48:56 :::
2/6 10-ba.1477.2019.doc- Learned Counsel for the applicant submits that the applicant
was the Manager of ‘Aura Wellness and Healing Services Private Limited’
(Spa), a company run by the Accused No.4 – Malik Kashiff Khan
(absconding accused and original accused no.4). He submits that the
applicant was granted interim anticipatory bail, however, the said interim
relief was later vacated and the Anticipatory Bail Application filed by the
said applicant was withdrawn. Learned Counsel further submitted that on
learning that charge-sheet was filed as against him, the applicant suo-motu
appeared before the trial Court and applied for bail, which was rejected by
the learned Metropolitan Magistrate, Special Court for ITPA vide order
dated 20th April, 2019. He submitted that the ground on which the Bail
Application was rejected was that the applicant was unavailable for two
years after his Anticipatory Bail Application was withdrawn by him.
Learned Counsel for the Applicant submitted that the said observation is in-
correct inasmuch as, the Applicant on learning that charge-sheet was filed,
as against him, had appeared before the Court of the learned Metropolitan
Magistrate and had applied for bail. He further submitted that the Applicant
was only an employee of Aura Wellness and Healing Services Private
Limited and admittedly was not present on the day when the raid was
::: Uploaded on – 04/06/2019 ::: Downloaded on – 05/06/2019 00:48:56 :::
3/6 10-ba.1477.2019.doc
conducted in the said Spa.
- Learned APP on instructions of API – Sunil Lokhande,
Borivali Police Station, does not dispute that the Applicant was a Manager
of the Aura Wellness and Healing Services Private Limited and that he was
not present on the day when the raid was conducted. He also does not
dispute the fact that the Applicant himself had approached the Court of
learned Metropolitan Magistrate and had filed an application for Regular
Bail after filing of the charge-sheet on learning that charge-sheet has been
filed as against him.
- Learned Counsel for the Applicant, on instructions, submits
that although there is one criminal case registered as against the applicant,
the applicant has not been prosecuted under the PITA Act.
- Perused the papers. Admittedly, the Applicant was working as
a Manager of Aura Wellness and Healing Services Private Limited. On 1 st
April, 2016, the police of the Borivali Police Station on information
conducted a raid in the said Spa and some girls came to be rescued.
::: Uploaded on - 04/06/2019 ::: Downloaded on - 05/06/2019 00:48:56 :::
4/6 10-ba.1477.2019.docAdmittedly, the Applicant was not present at the Spa, at the relevant time,
i.e. when the raid was conducted. It is not in dispute, that the Applicant is
not the owner of the Spa. A perusal of the Leave and License Agreement
dated 12th June, 2013 entered into between M/s.Arham Associates, through
its partner Mr.Manish Mansukhlal Shah and M/s.Aura Wellness and
Healing Services Private Limited, through its Director Mr.Malik Kashiff
Khan prima facie shows that the said Spa was being run byMr.Malik
Kashiff Khan. The Applicant was granted interim protection in the
Anticipatory Bail Application filed by him, which was subsequently
vacated and thereafter the application was withdrawn. The Applicant is in
custody since 20th April, 2019. Charge-sheet has already been filed in the
said case.
- Considering the aforesaid, the application is allowed and the
applicant is enlarged on bail on the following terms and conditions:-
ORDERi) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more local sureties in the like amount;
5/6 10-ba.1477.2019.doc
ii) The Applicant shall attend the concerned Police Station, on the first
Monday of every month, between 10:00 a.m. to 11:00 a.m., till the conclusion of the trial;
iii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing;
iv) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;
v) The Applicant shall co-operate in the conduct of the trial;
vi) An undertaking to the aforesaid clauses (ii) to (v), shall be filed by the Applicant, in the Registry of the trial Court, within two weeks of his release;
6/6 10-ba.1477.2019.docvii) It is made clear, that if there is breach of any of the conditions as
stated above, the prosecution shall be at liberty to seek cancellation of Applicant’s bail.
- The Application is allowed and disposed of in above terms.
- It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein.
- All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
Maharashtra government have been working towards streamlining the law and order for the general public. Several initiatives have been taken to reduce the time to proceed the legal case in the courts and provide quick outcome.
