Shaikh Nadeem Shaikh Nawab And Others v. The State Of Maharashtra

2025:BHC-AUG:13487 {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1633 OF 2025 IN BA/858/225

1. Shaikh Nadeem Shaikh Nawab, Age: 31 years, Occu.: Contractor, R/o. H.No.1-11-40, Jaysingpura, Chh. Sambhajinagar.

2. Shaikh Kaleem Shaikh Nanhu Alias Laddu, Age: 38 years, Occu.: Labour, R/o. H.No.1-6-97, Jaysingpura, Chh. Sambhajinagar.

3. Shaikh Akbar Shaikh Abubakar, Age: 30 years, Occu.: Labour, R/o. H.No.1-11-40, Jaysingpura, Chh. Sambhajinagar.

... Applicants

VERSUS

The State of Maharashtra ... Respondent ......

Mr. Shaikh Parvez Ahmed, Advocate for Applicants Mr. V.M. Chate, APP for Respondent - State ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 07 MAY 2025 PER COURT :- 1.

Not on board. Taken on Board.

2.

The present application is for grant of temporary bail by the applicants, who are arrested in Crime No.0066 of 2024 registered at Begumpura Police Station, District Chhatrapati Sambhajinagar for offences punishable under sections 109, 115(2), 189(2), 190, 191(2), 191(3), 351(2), 352 of the Bharatiya Nyaya Sanhita (BNS).

{2} 3.

Learned counsel for the applicants submits that, applicant No.2 lost his mother; whereas, applicant Nos.1 and 3 lost their grandmother, today in the morning. That, to enable them to attend last rituals, learned counsel seeks temporary bail. 4.

Learned APP submitted that, in such situation, there should not be misuse of liberty, and there is no objection for grant of temporary bail for not more than 3 to 4 days. 5.

Learned APP pointed out that, no death certificate is placed on record. Considering the statement made across the bar that, death having occurred today in the morning, it is not possible to place death certificate on record, and application filed for the same is in process.

6.

Considering the above limited prayer, following order is passed:

ORDER

I.

Application is allowed.

II.

Applicants, namely, Shaikh Nadeem Shaikh Nawab, Shaikh Kaleem Shaikh Nanhu Alias Laddu and Shaikh Akbar Shaikh Abubakar be released on temporary bail from 08.05.2025 to 10.05.2025 in connection with Crime No.0066 of 2024 registered at Begumpura Police Station, District

{3} Chhatrapati Sambhajinagar, on executing Personal Bond of Rs.15,000/- each with one surety by each in the like amount, on the following conditions:

[a} Applicants shall report Begumpura Police Station, District Chhatrapati Sambhajinagar in the evening between 06:00 p.m. to 07:00 p.m. each day during temporary bail i.e. since their release up to 10.05.2025.

[b] Applicants shall surrender themselves to the jail authorities before 05:00 p.m. on 11.05.2025.

[c] Applicants shall not make contact with informant or his family members and shall not misuse liberty during above period in any manner, which would be prejudicial to the interest of informant and his family.

III.

Parties to act on an authenticated copy of this order. ABHAY S. WAGHWASE, JUDGE S P Rane