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Bombay High CourtABA/962/2025partly allowed

Rais Shakil Sheikh @ Rais Kureshi v. The State Of Maharashtra Thr Ps Shegaon City Tq Shegaon Dist Buldhana

2026-01-22Hon'Ble Shri Justice M. W. Chandwani3 pages

2026:BHC-NAG:1164 1 62 aba962.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 962 OF 2025 RAIS SHAKIL SHEIKH @ RAIS KURESHI AND ANOTHER

VERSUS

STATE OF MAH., THRU. P.S.O., P.S., SHEGAON CITY, DIST. BULDHANA ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. B. K. Suchak, Advocate for the applicants. Mr. N. R. ROde, A.P.P. for the non-applicant/State Mr. S. S. Purwar, Advocate for assist to prosecution. CORAM : M. W. CHANDWANI, J.

DATE : JANUARY 22, 2026.

1.

Heard Mr. B. K. Suchak, learned counsel appearing for the applicants, Mr. N. R. Rode, learned A.P.P. appearing on behalf of the non-applicant/State and Mr. S.S. Purwar, learned counsel assisting the prosecution. 2.

The applicants are apprehending their arrest in connection with Crime No. 591/2025 registered with Police Station, Shegaon City, Dist. Buldhana for the offence punishable under Section 108 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023.

4.

It is contended on behalf of the applicants that applicant no.1 along with other co-accused namely Mohasin Qureshi were partners with deceased Sheikh Jafar Sheikh Babbu in a dairy business. The deceased was the cousin brother-in-law of applicant no.1 and real brother-in-law of co-accused Mohasin Qureshi. There was a dispute with regard to the partnership amongst them. Therefore, a quarrel took place between them.

2 62 aba962.25.odt 5.

As per the FIR, on 03.11.2025, applicant no.2 - father of applicant no.1 and co-accused Mohasin manhandled and beat the deceased and removed him from the partnership. Thereafter, applicant no.1 was called from Mumbai by applicant no.2. On 07.11.2025, again a quarrel took place between them. When the deceased insisted for refund of Rs.2,50,000/-, applicant no.1 did not return the amount. On 08.11.2025, the deceased left the house saying that the applicants harassed him, removed him from the partnership and did not return his money. He was found dead on 09.11.2025. The complainant came to know about the suicide committed by the deceased by hanging himself in the graveyard from the newspaper. Therefore, the aforesaid offence came to be registered against the applicants. 6.

Insofar as applicant no.1 is concerned, it appears that after he returned from Mumbai, the matter escalated to another level and the deceased was harassed. There is a close proximity between the alleged incident and the suicide committed by the deceased. Whether the act of the applicants will amount to abetment is matter of trial. The investigation is at a crucial stage and considering the specific allegation against applicant no.1, who was the partner with the deceased; in my view, no case is made out for grant of extraordinary relief of anticipatory bail to him.

7.

Insofar as applicant no.2 is concerned, he is a senior citizen and he was not partner of the dairy business with

3 62 aba962.25.odt the deceased. Therefore, a case is made out for grant of anticipatory bail to applicant no.2.

8.

Accordingly, the criminal application is partly allowed.

9.

The application of applicant no.1 - Rais Shakil Sheikh @ Rais Kureshi for grant of anticipatory bail is rejected.

10.

The application of applicant no.2 - Shaikh Shakil Shaikh Raheman @ Shakil Kureshi for grant of anticipatory bail is allowed.

11.

In the event of arrest of applicant no.2 - Shaikh Shakil Shaikh Raheman @ Shakil Kureshi in connection with Crime No. 591/2025 registered with Police Station, Shegaon City, Dist. Buldhana for the offence punishable under Section 108 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, he be released on bail on furnishing a PR bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount. 12.

Applicant no.2 shall attend the concerned Police Station on every Wednesday between 10.00 am and 12.00 pm for three weeks and cooperate with the investigation. 13.

He shall not indulge in pressurizing the prosecution witnesses nor tampering with the prosecution evidence in any manner.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 23/01/2026 14:55:13