Shabbir Kasam Shaikh v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CRIMINAL APPEAL NO. 785 OF 2025 SHABBIR KASAM SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....

Mr Mahesh K. Sana, Advocate h/f Ms S. G. Sonawane, Advocate for Appellant Mr N. R. Dayama, APP for Respondent No.1/State .....

CORAM : SUSHIL M. GHODESWAR, J.

DATE : 16 OCTOBER 2025 P. C. :

1.

Mr Sana, learned Advocate holding for Advocate Ms Sonawane for the appellant submits that this matter was listed yesterday, however, Advocate Ms Sonawane was not keeping well and therefore it is listed today. He further submits that Advocate Ms Sonawane is hospitalized, and therefore, she is unable to conduct the matter today.

2.

With the assistance of the learned Advocate Mr Sana holding for Advocate Ms Sonawane for the appellant and the learned APP Mr Dayama for respondent/State, I have gone through the FIR and the record made available to the Court.

(2) 3.

Issue notice to the Respondents, returnable on 20/11/2025. Learned APP waives service of notice on behalf of Respondent Nos.1/State. Notice of Respondent No.2 be served through the concerned Investigating Officer.

4.

Considering the allegations in the FIR, prima facie, it is found that the appellant is entitled for ad interim protection. Hence, I pass the following order:- a) Until returnable date of hearing, the appellant shall be released in the event of arrest in connection with Crime No. 0009/2025, registered with Shevgaon Police Station, Dist. Ahmednagar for the offence punishable under Sections 115(2), 352, 351(2), 351(3), 79 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(r), 3(1)(s), 3(2)(va), 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, on furnishing PR bond of Rs.25,000/- [Rupees Twenty Five Thousand Only], with one solvent surety/ security in the like amount.

b) Appellant shall attend the concerned police station as and when called by the Investigating Officer.

(3) c) Appellant shall not try to contact or pressurize the witnesses or the informant, in any manner whatsoever. 5.

The protection granted today in favour of the Appellant shall continue till the adjourned date of hearing. [SUSHIL M. GHODESWAR, J.] sjk