Shaikh Naser Shaikh Sardar And Others v. The State Of Maharashtra
2025:BHC-AUG:25795 33-ABA-1041-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 33 ANTICIPATORY BAIL APPLICATION NO. 1041 OF 2025
1. Shaikh Naser Shaikh Sardar, Age: 35 years, Occu: Business, R/o. Wireman Colony, Hasnabad, Tal. Sillod, Ch. Sambhajinagar.
2. Wasim Khan Majid Khan Pathan, Age: 32 years, Occ. Business, R/o. Near Salimiya Masjid, Zainuddin Colony, Sillod, Aurangabad.
3. Pathan Mohsin Majid Khan, Age: 35 yrs, Occ. Business and Agri., R/o. Tilak Nagar Sillod, Tal. Sillod, Aurangabad. ...Applicants
VERSUS
The State of Maharashtra .....Respondent .....
Mr. Mohd. Sharif Latif, Advocate for the Applicants Mr. N. D. Batule, APP for the Respondent - State .....
CORAM
:
NEERAJ P. DHOTE, J.
DATE :
22.09.2025 PER COURT :
1.
The learned Advocate for the Applicants, on instructions, submits that, he is withdrawing this Application to the extent of Applicant Nos.2 and 3.
2.
The Crime No.0410/2025 is registered with Harsul Police Station, District Chhatrapati Sambhajinagar against the Applicants and Coaccused, for the offences punishable under Sections 190, 191(1), 191, 189,
33-ABA-1041-2025.odt 118(1), 115 and Section 109 of the Bharatiya Nyaya Sanhita, 2023. Since Applicant No.1 is apprehending his arrest, this Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 came to be filed. 3.
It is the case of Prosecution that, the Informant is the brother of Accused No.1 - Shaikh Wajid and Accused No.2 - Shaikh Sajid. Accused Nos.1 and 2 sold their plot to the Informant. After some days, Accused Nos.1 and 2 asked the Informant to return the plot and started threatening him. On 16/05/2025, around 11:30 a.m., Accused Nos.1 and 2, along with Co-accused came to the house of the Informant and assaulted him by using iron rods and knife. The Informant sustained injuries and was hospitalized. On his statement, the above-referred Crime came to be registered. 4.
Considering that, no role was attributed to Applicant No.1 - Shaikh Naser, this Court by order dated 01/07/2025 was protected Applicant No1 on certain conditions. Learned APP submits that, Applicant No.1 has co-operated with the Investigation. Thus, I am inclined to pass the following order:
ORDER
[I] The interim order dated 01/07/2025 granted in favour of Applicant No.1 - Shaikh Naser Shaikh Sarda is confirmed. [II] Application to the extent of Applicant No.2 - Wasim Khan Majid Khan Pathan and Applicant No.3 - Pathan Mohsin Majid Khan is disposed off as withdrawn.
[III] Application stands disposed of accordingly.
[NEERAJ P. DHOTE, J.] Sameer/September-2025 Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 22/09/2025 19:36:44