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Bombay High CourtABA/3301/2025disposed off

Sohel Abdul Hamid Shaikh v. State Of Maharashtra

2025-12-12Hon'Ble Shri Justice N. R. Borkar3 pages

1 907-ABA 3301-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3301 OF 2025 Sohel Abdul Hamid Shaikh ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Abdul Hafeez Yakub Kotwala @ Shazia Bano Mohd. Shoeb i/by Sumaira Legal Associates for the Applicant.

Mr. V. N. Sagare, APP for the Respondent-State. PSI S. Y. Dhole, Bhiwandi City PS is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

12TH DECEMBER 2025 P.C. :

MUGDHA MANOJ PARANJAPE 1.

This is an Application for anticipatory bail. MUGDHA MANOJ PARANJAPE Date: 2025.12.24 17:50:49 +0530 2.

The Applicant is apprehending his arrest in Crime No.911 of 2025 registered with Bhiwandi City Police Station for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the case of the prosecution that the son of the first informant along with his two friends had gone to Dargadi Fort on 24th September 2025. He had parked his two wheeler near the Fort and had kept his bag containing three mobile phones and one gold chain in the under-seat storage compartment of the two wheeler. Upon retuning, he found that the said bag was stolen from the two wheeler. The allegation against the present Applicant and other co-accused are of committing theft of articles worth Rs.54,000/- from the first informant's two wheeler.

2 907-ABA 3301-25.doc 4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

5.

Learned Counsel for the Applicant submits that the Applicant has nothing to do with the alleged crime. It is submitted that there are no other criminal antecedents against the present Applicant. It is submitted that the Applicant is ready and willing to cooperate in the investigation. 6.

On the other hand, Learned APP for the Respondent-State submits that during interrogation the co-accused has disclosed the involvement of the present Applicant in the crime in question. It is submitted that to recover the stolen articles, custodial interrogation of the present Applicant is necessary.

7.

I have perused the papers of investigation. Except the statement of the co-accused, there is no other incriminating material against the present Applicant. There are no other criminal antecedents against the Applicant. In that view of the matter, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.911 of 2025 registered with Bhiwandi City Police Station for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

3 907-ABA 3301-25.doc iii. The Applicant shall attend the concerned Police Station as and when called for by the investigating officer and shall cooperate in the investigation. 8.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)