Haider Shaikh v. The State Of Maharashtra
2025:BHC-AS:12161 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3531 OF 2024 ALONGWITH ANTICIPATORY BAIL APPLICATION NO. 247 OF 2025 Haider Shaikh ..... Applicant
VERSUS
State of Maharashtra ..... Respondent Mr. Kapil A. Rathor a/w. Mr.Heenesh A. Rathod, Mr. Sahil Kothari, Mr.Snehal Kamble, Mr.Harshad Mandke, Mr.Vaibhav Deshmukh for the Applicant.
Mr. Ajay S. Patil, A.P.P. for the State.
Mr. Jenish Dinesh Jain for the Informant.
Ms.Kulsum Mohammad Shaikh, Informant present. Mr. Arjun Bendgude, P.S.I., Khadki Police Station, Pune City present. Mr. Pramod Somnath Shinde, P.S.I., Shivajinagar Police Station present.
CORAM : RAJESH S. PATIL, J.
DATE : 13th MARCH, 2025 P.C. :- The Anticipatory Bail Application No. 3531 of 2024 is filed for pre-arrest bail under Section 438 of the Code of Criminal Procedure in connection with FIR No. 0082 dated 22nd April, 2023 registered with
2/5 Shivaji Nagar Police Station, Pune City for the offences punishable under Sections 307, 324, 341, 143, 144, 147, 148, 149 of the Indian Penal Code, 1860, Sections 4 and 25 of the Arms Act, 1959, Sections 3, 7 of the Criminal Law (Amendment) Act 2013, 37(1) and 135 of the Maharashtra Police Act, 1951.
2.
An FIR has been lodged on the complaint filed by the cousin brother of Kulsum Mohd. Shaikh.
3.
One more crime has been registered wherein the applicant Haider Shaikh has been shown as accused being Crime No. 124/2023 registered with Khadki Police Station for the offence punishable under Sections 307, 324, 323, 504, 143, 147, 148 and 149 of the Indian Penal Code. So also, Sections 37(1) (3), 135 of the Maharashtra Police Act and Section 7 of the Criminal Law Amendment Act. 4.
Both the parties submit that there was matrimonial dispute between Kulsum and her husband. Out of the marriage of Kulsum with her husband, there are three children. Due to the matrimonial dispute, the family of the Kulsum consisting of her brothers and cousin
3/5 brothers and the family of her husband with her brothers had physical fight due to which an FIRs have been lodged. Both the learned counsel submit that the parties have put an rest their differences and Kulsum is residing with her husband and his family members. Hence, Mr.Jain, learned counsel appearing for Kulsum on instructions from client who is present in Court submits that there is no serious objection from Kulsum as regards the granting of the prearrest bail as the applicant (Haider) is her husband's younger brother who is about to get married.
5.
Considering the facts as mentioned above, I am satisfied that as of today, pre-arrest bail can be granted to the applicant. Hence, the following order :-
ORDER
(a) The anticipatory bail applications are allowed. (b) In the event of arrest in connection with FIR No. 0082 dated 22nd April, 2023 registered with Shivaji Nagar Police Station, Pune City for the offences punishable under Sections 307, 324, 341, 143, 144, 147, 148, 149 of
4/5 the Indian Penal Code, 1860, Sections 4 and 25 of the Arms Act, 1959, Sections 3, 7 of the Criminal Law (Amendment) Act 2013, 37(1) and 135 of the Maharashtra Police Act, 1951 and Crime No. 124/2023 registered with Khadki Police Station for the offence punishable under Sections 307, 324, 323, 504, 143, 147, 148 and 149 of the Indian Penal Code. So also, Sections 37(1) (3), 135 of the Maharashtra Police Act and Section 7 of the Criminal Law Amendment Act, the applicants shall be released on bail, on furnishing P.R. bonds to the extent of Rs.15,000/- each with two or more sureties of the like amount.
(c) The applicants shall co-operate with the investigation and attend the Investigating Officer of the concerned Police Station on 19th March 2025 and 20th March 2025 between 11:00 a.m. to 1:00 p.m. and thereafter as and when called.
5/5 (d) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.
(e) The applicants shall furnish details of their residential addresses, contact numbers and e-mail addresses to the Investigating Officer.
6.
The anticipatory bail applications are disposed of. [RAJESH S. PATIL, J.] Signed by: Kanchan V. Mayekar Designation: PA To Honourable Judge Date: 15/03/2025 17:25:39