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Bombay High CourtABA/2388/2025allowed

Jameer Dastgir Mujawar v. The State Of Maharashtra

2025-11-24Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2388 OF 2025 Jameer Dastgir Mujawar ....Applicant Vs.

The State of Maharashtra ....Rerspondent .....

Mr. Navtej S. Desai for Applicant.

Ms. Veera Shinde APP for the State .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

24th NOVEMBER 2025 P.C.

1.

The Applicant is apprehending arrest in Crime No.144 of 2025 registered with Shirol MIDC Police Station, Dist. Kolhapur for the offences punishable under Sections 308(5), 61(2), 336(2), 336(3), 336(4), 118(1), 352, 351(2), 324(4) of the Bhartiya Nyaya Sanhita, 2023 (for Short "BNS").

2.

It is prosecution's case that some false complaints were filed against the first informant by the co-accused. The applicant had asked the complainant to give some amount to the co-accused to settle the dispute. Accordingly, the first informant had given the amount to the co-accused on the say of applicant. The applicant is the relative of coDigitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.11.25 19:50:16 +0530 accused.

SAJAKALI LIYAKAT JAMADAR

3.

It is contention of learned counsel for applicant that the allegations against the applicant are that he asked the complainant to give the amount to settle the matter. Accordingly, amount was given. There are no allegations against the applicant regarding acceptance of the amount. Considering the allegations against the applicant, his custodial interrogation is not required. Hence, requested to allow the application.

4.

It is contention of learned APP that applicant is the close relative of the co-accused. He was involved in the crime. On his say, applicant had given the amount to the co-accused. There are allegations that the applicant had threatened the first informant. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application. 5.

I have heard both learned counsels, perused the FIR and documents produced on record. The allegations against the applicant are of asking the first informant to give the amount to the co-accused. Considering these facts, his custodial interrogation is not required and I pass the following order:

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in Crime No.144 of 2025 registered with Shirol MIDC Police Station, Dist. Kolhapur, on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned police station as and when required.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

It is made clear that the above observations are made only for the purpose of granting anticipatory bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)