Shaikh Nawab Shaikh Nannu And Another v. The State Of Maharashtra And Another

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 986 OF 2025 1.

Shaikh Nawab Shaikh Nannu 2.

Shaikh Irshad s/o Shaikh Talib ....Applicants

VERSUS

The State of Maharashtra & another .....Respondents .....

Mr. K. S. Solanke, Advocate holding for Mr. S. J. Naik, Advocate for Applicants.

Mr. M.K. Goyanka, APP for the State.

CORAM : ADVAIT M. SETHNA, J.

DATE : 9 JULY, 2025.

P. C. :

1.

At the very outset, my attention is invited to the order dated 18 June 2025 by which the Applicants were initially protected subject to certain terms and conditions as recorded in the said order. The alleged incident and the details of the FIR have been duly noted in the said order.

2.

The learned APP would submit that as far as the present Applicants are concerned, there was no role attributed to them in the said FIR. They were roped in subsequently during the investigation. This was done on the basis of the oral statement of the co-accused

- 2 - person who named these Applicants as submitted by the prosecution. There is no other material on record against these Applicants despite the fact that the charge-sheet is filed. There is no recovery to be done as far as these Applicants are concerned. There are no criminal antecedents reported against them. As far as the conditions imposed in the order dated 18 June 2025 are concerned, the learned APP would on instructions submit that there is no noncompliance and/or breach of the said order. It would thus indicate that the Applicants have joined the investigation. Pursuant to the order dated 18 June 2025, as far as prima facie case is concerned, there is no further material brought on record by the prosecution in this regard.

3.

Considering the above,it would be just and proper to confirm the order dated 18 June 2025. In my view the following order would meet the ends of justice :

ORDER

(i) In the event of arrest of the applicants in connection with C.R. No. 0066/2025, registered with Begumpura Police Station, Dist. Chhatrapati Sambhajinagar, for the offences punishable under Sections 109, 189(2), 191(2), 191(3), 190, 115(2), 351(2), 352 of the BNS, the applicants are directed to be released on bail on furnishing PR bond in the sum of

- 3 - Rs. 20,000/- (Rupees Twenty Thousand Only) each with one solvent surety in the like amount.

(ii) The applicants shall attend the concerned Police Station as and when called and co-operate the investigation until filing of the charge-sheet. (iii) The applicants shall furnish details of residential address and other contact details such as the mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately informed to the concerned police station. (iv) The applicants shall not leave the jurisdiction of the Court without prior permission of the Court, until further orders.

(v) They shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever.

4.

ABA is allowed in above terms.

5.

Needless to state that these observations are prima facie and for the purpose of adjudication of this Application. ( ADVAIT M. SETHNA, J.) dyb