Vasim Mustafa Shaikh v. State Of Maharashtra
Digitally signed by CHITRA SANJAY SONAWANE Date:
2025.07.30 21:07:48 +0530 CHITRA SANJAY SONAWANE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 2083 of 2025 Vasim Mustafa Shaikh Age 24 years, Occ. Agriculture, R/o. Viha Mandwa, Tal. Paithan, Dist. Ch. Sambhajinagar.
... Applicant versus The State of Maharashtra Phaltan City Police Station, Through Police Inspector.
...Respondent
---- Mr Abhijeet A Joshi, for the Applicant.
Mr SM Mangaonkar, APP, for Respondent / State. WPSI Ayodhya Prakash Ghorpade, Phaltan City Police Station. ---- Coram: R.N. Laddha, J.
Date: 30 July 2025 P.C.:
By this application, the applicant seeks pre-arrest bail in connection with CR No.15 of 2025, registered at Phaltan City Police Station, Satara, for offences punishable under Sections 318(4), 316(2), 352, 351(2) and 352(3) of the Bharatiya Nyaya Sanhita, 2023.
2.
The prosecution alleges that the applicant, in connivance
with the co-accused, persuaded the informant to pay Rs.8,40,000/- under the false pretence of arranging labourers to cut sugarcane. However, the applicant and the co-accused failed to provide the labourers or refund the accepted money, thereby defrauding the informant.
3.
The learned Counsel appearing on behalf of the applicant, asserting the applicant's innocence, contends that the applicant has been falsely implicated in the crime. He submits that the only role attributed to the applicant is that he introduced the informant to the co-accused, who has already been released on bail. The learned Counsel further submits that the investigation is complete, and nothing is to be recovered or discovered from the applicant. The applicant has no criminal antecedents and is ready and willing to abide by any conditions set forth by this Court if granted pre-arrest bail.
4.
At the outset, the learned Additional Public Prosecutor representing the respondent/ State, on instruction from the investigating officer present in the Court, submits that the investigation has concluded, nothing is to be recovered or discovered from the applicant, and the charge sheet will be filed shortly. He further informs the Court that the prosecution does not seek the applicant's custody; however, reasonable
conditions be imposed to prevent evidence tampering and witness influence.
5.
Upon perusing the records, it appears that the alleged incident occurred in July 2024; however, the present crime was registered only in January 2025. There seems to be an inordinate and unexplained delay in lodging the FIR. The investigation in the present case has concluded; no recovery or discovery is required from the applicant, and a charge sheet will be filed shortly. Furthermore, the prosecution does not seek the applicant's custody, and the co-accused have been released on bail. In these circumstances, this Court is inclined to exercise its discretion in favour of the applicant. Hence, the following order:
ORDER
(i) In the event of the applicant's arrest in CR No.15 of 2025, registered at Phaltan City Police Station, Satara, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.
(ii) The applicant shall attend the concerned Police Station as and when required by the investigating officer.
(iii) The applicant, himself or through any other person, shall not indulge in any activities that may tamper with the evidence or influence witnesses.
6.
The application stands disposed of accordingly. (R.N. Laddha, J.)