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Bombay High CourtABA/1634/2025rejected

Atif Riyasat Ali Shaikh v. State Of Maharashtra

2025-10-17Hon'Ble Shri Justice N. R. Borkar2 pages

915-aba-1634-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1634 OF 2025 Atif Riyasat Ali Shaikh ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Moin Khan, a/w Adv. Shafiya Shaikh, Advocate for the Applicant.

Mr. B. V. Holambe Patil, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

17.10.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending his arrest in Crime No. 128 of 2025 registered at R. A. Kidwai Marg Police Station, for the offences punishable under Sections 465, 467, 468 & 471 of the Bharatiya Nyaya Sanhita, 2023.

3.

According to the first informant, he is the owner of Hut No. F.S.M. 36, 11/24 at Oza Street, Sewri Cross Road, Sewri, Mumbai. The allegations against the applicant are of preparing forged documents in relation to the said hut. It is alleged that on the basis of said forged documents, the applicant got transferred the electricity meter provided at the said hut, in his name. 4.

I have heard the learned counsel for the applicant and Pramod S.Lakare 1/2

915-aba-1634-2025.doc the learned APP for the respondent-State.

5.

The learned counsel for the applicant submits that the original owner has executed a Will in favour of the applicant. It is submitted that there is a delay in lodging the first information report, as electricity meter was transferred in the year 2022. It is submitted that there is no need of custodial interrogation. 6.

On the other hand, the learned APP for the respondentState submits that the applicant is involved in serious offence of a forgery. It is submitted that considering the nature of the crime the applicant may not be released on anticipatory bail. 7.

According to the applicant, the original owner has executed Will in his favour. However, to get the electricity meter transferred, the Power of Attorney and the agreement of sale allegedly executed by the first informant were submitted. According to the first informant, he never executed the said documents. It is not shown how much consideration was paid to the first informant. It appears that even forged Aadhar Card was used to prepare the said documents. Considering the nature of crime, I am not inclined to release the applicant on anticipatory bail. The Application is rejected.

[N.R.BORKAR, J.] Pramod S.Lakare 2/2