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Bombay High CourtABA/463/2025disposed off

Salim Ahemad Shaikh And Others v. The State Of Maharashtra

2025-04-03Hon'Ble Shri Justice Arun R. Pedneker5 pages

2025:BHC-AUG:9870

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 922 ANTICIPATORY BAIL APPLICATION NO. 393 OF 2025 1.

Abed Laddu Pathan, 2.

Sajed Laddu Pathan, 3.

Javed Nawab Pathan @ Shaikh Jawed Nawab, 4.

Nawab Dawal Pathan.

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Patil Vinod Prakash APP for Respondents-State: Mr. S. P. Sonpawale ...

WITH ANTICIPATORY BAIL APPLICATION NO. 445 OF 2025 1.

Alimkhan Ajijkhan Pathan, 2.

Krushna Appasaheb Aher, 3.

Ajijkhan Yakubkhan Pathan, 4.

Taherkhan Yakubkhan Pathan, 5.

Habibkhan Yakubkhan Pathan.

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Ghanekar Nilesh S. APP for Respondents-State: Mr. S. P. Sonpawale ...

WITH ANTICIPATORY BAIL APPLICATION NO. 463 OF 2025 1.

Salim Ahemad Shaikh, 2.

Ajim Ahemad Shaikh, 3.

Kalim Maheboob Shaikh, 4.

Sajed Mubarak Shaikh, 5.

Babu Gulab Shaikh, 6.

Alim Babu Shaikh, 7.

Mohasin alias Mujim Rashid Shaikh, 8.

Javed Rashid Shaikh, 9.

Raju Rashid Shaikh, 10.

Farid Sandu Shaikh, 11.

Rashid Gulab Shaikh, 12.

Sharad Vilas Nade, 13.

Samir Farid Shaikh.

VERSUS

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The State Of Maharashtra ...

Advocate for Applicant : Mr. Shinde S.S. And Kale Datta Sundarrao APP for Respondents-State: Mr. S. P. Sonpawale ...

WITH ANTICIPATORY BAIL APPLICATION NO. 467 OF 2025 1.

Asif Farid Shaikh, 2.

Majid Mahamood Shaikh.

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Shinde Sachin Sopanrao And Kale Datta Sundarrao APP for Respondents-State: Mr. S. P. Sonpawale ....

CORAM : ARUN R. PEDNEKER, J.

Dated : April 03, 2025.

PER COURT :- 1.

Heard learned counsel for the applicants and the learned APP for the respondent-State.

2.

In all the applications, the applicants apprehend arrest in connection with FIR No. 0078/2025 and FIR No. 0077/2025, registered at Pachod Police Station, Chhatrapati Sambhajinagar (Rural), District Chhatrapati Sambhajinagar, for offences punishable under Sections 352, 191(3), 191(2), 190, 189(2), 118(2), 118(1), 117(2), 115(2), 109, and 351(3) of the Bharatiya Nyaya Sanhita, 2023.

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3.

In ABA/445/2025, the learned counsel for the applicants, on instructions, seeks leave to withdraw the application concerning applicant No. 1 - Alimkhan Ajijkhan Pathan and applicant No. 2 - Krushna Appasaheb Aher. Accordingly, the application is dismissed as withdrawn in respect of applicants No. 1 and 2.

4.

As regards applicants No. 3 to 5 in ABA/445/2025 and applicants No. 1 to 4 in ABA/393/2025, the allegations against them are general and omnibus in nature. Additionally, both sides have filed cross-FIRs, and their anticipatory bail application is not seriously contested by the informant. Considering these aspects, ABA/445/2025 is allowed for applicants No. 3 to 5, and ABA/393/2025 is allowed in its entirety. 5.

In ABA/463/2025, the learned counsel for the applicants submits that applicant No. 1 - Salim Ahemad Shaikh and applicant No. 2 - Ajim Ahemad Shaikh have been arrested, rendering the application infructuous in their respect. Accordingly, the application is dismissed as regards applicants No. 1 and 2.

6.

As for applicants No.3 to 13 in ABA/463/2025, the allegations against them are general and omnibus in nature. Further, both sides have lodged cross-FIRs, and their anticipatory bail application is not seriously opposed by the informant. In view of this,ABA/463/2025 is allowed for applicants No.3 3 of

to 13.

7.

In ABA/467/2025, the learned counsel for the applicants states that both applicants have been arrested, rendering the application infructuous. Consequently, the application is dismissed.

8.

In light of the above, ABA/445/2025 is allowed for applicants No. 3 to 5, ABA/393/2025 is allowed, and ABA/463/2025 is allowed for applicants No. 3 to 13, in the following terms : - i] In the event the applicants No.3 to 5 in ABA/445/2025, applicants No.1 to 4 in ABA/393/2025, and applicants No.3 to 13 in ABA/463/2025 are arrested in connection with FIR No.0077/2025 and 0078/2025 respectively, registered at Pachod Police Station, District Chhatrapati Sambhajinagar, they shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. ii] The applicants shall attend the police station as and when called by the police.

iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

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9.

In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled. 10.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

11.

The applications stand disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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