Aslam Mohd. Mohinuddin Shaikh v. State Of Maharashtra

1 912-ABA 3403-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3403 OF 2025 Aslam Mohd Mohinuddin Shaikh ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Tariq Khan for the Applicant.

Mr. B. V. Holambe Patil, APP for the Respondent-State. PSI Amarsinh Deshmukh, Sahar PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

11TH DECEMBER 2025 P.C. :

1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.962 of 2025 registered with Sahar Police Station for the offences punishable under Sections 340(2), 318(4), 336(3), 336(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

It is the case of the prosecution that the late husband of the first informant, who died on 09th November 2021, was the owner of Room No.2, Sainagar Welfare Association, Marol Pipe Line, Near Technical Area, Andheri (E), Mumbai 59. It is alleged that after his demise, the present Applicant had prepared a forged agreement for sale in respect of the said room on 25th July 2024 purportedly executed by late husband of the first informant and on the basis of the said forged agreement for sale made an application to the electricity department for transfer of the electricity meter installed in the said premises in his name. The allegations against the present Applicant are of preparing forged documents with a view to Mugdha

2 912-ABA 3403-25.doc defraud the first informant.

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 the alleged application to the electricity department was not made by the applicant. It is submitted that by letter dated 24th June 2025 the Applicant requested to Adani Electricity for restoring the electricity meter in original name. It is submitted that civil litigation is pending between the parties and therefore, possibility of a false implication cannot be ruled out. 6.

On the other hand, Learned APP for the Respondent-State submits that there is enough material to show that the application for transfer of the electricity meter was made by the present Applicant. It is submitted that along with the said application, the affidavit was also annexed. It is thus submitted that considering the nature of crime, the applicant may not be released on anticipatory bail.

7.

I have perused the papers of investigation. In addition to alleged forged agreement of sale, documents like PAN Card were also annexed to the application. Thus, at this stage, I am not inclined to accept the submission of the learned counsel for the applicant that someone else had made an application to implicate the applicant in a false case. Considering the nature of crime, I am not inclined to release the Applicant on anticipatory bail. Hence, the Anticipatory Bail Application is rejected. (N.R. BORKAR, J.) Mugdha