Mohammed Zaid Jabir Ali Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3525 OF 2025 Mohammed Zaid Jabir Ali Shaikh ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Shambu M. Jha a/w Mr. Suraj Pandey a/w Adv. A. Ansari, Advocate for the Applicant.

Mr. V. N. Sagare, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

23.12.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending his arrest in Crime No. 285 of 2025 registered at Malbar Hill Police Station, for the offences punishable under Sections 318(4), 316(5), 338, 336(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the case of the prosecution that the co-accused in the present crime, namely Shailesh Sarode, who was working with L & T Fianance had arranged a loan of Rs.21,43,671/- from Poonawala Finecorp Ltd. for first informant. It is alleged that the first informant was in need of some more amount and he thus told the said co-accused Shailesh Sarode, who agreed to arrange 1/3

another loan for him. It is alleged that the said co-accused, however, told him to close his other loan accounts. It is alleged that thus on the instructions of the said co-accused the first informant had transferred certain amount in the bank accounts provided by the said co-accused. It is alleged that though the said co-accused had not deposited the said amount in the loan accounts of the first informant, forged documents in respect of deposit of the said amount were given to the first informant. The allegations against the present applicant and other co-accused are thus of forgery and defrauding the first informant to the tune of Rs.13,62,602/-.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

5.

The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that the entire allegations are against the co-accused, Shailesh Sarode. It is submitted that there is no need of custodial interrogation and that the applicant is ready and willing to cooperate in the investigation. It is further submitted that there are no other criminal antecedents against the applicant. 2/3

6.

On the other hand, the learned APP for the respondentState submits that the applicant is the beneficiary of the defrauded amount. It is submitted that considering the nature of crime, the applicant may not be released on anticipatory bail. 7.

I have perused the First Information Report. The entire allegations of cheating and forgery are against the co-accused, Shailesh Sarode. 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. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicant in connection with Crime No. 285 of 2025 registered at Malbar Hill Police Station, for the offences punishable under Sections 318(4), 316(5), 338, 336(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

c) The applicant shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

[N.R.BORKAR, J.] 3/3