Tanveer Sikandar Ali Shaikh And ANR v. State Of Maharashtra

1 916-ABA 3539-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3539 OF 2025

1. Tanveer Sikandar Ali Shaikh

2. Kallimulla Sikandar Ali Shaikh ... Applicants V/s.

The State of Maharashtra ... Respondent ----- Mr. A. Dubey a/w Rajuram K., Varad Dubey, Eram Baig i/by Law Counsellors for the Applicants.

Mr. B. V. Holambe Patil, APP for the Respondent-State. PSI Kannewar, N.R.I. Sagari PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

23RD DECEMBER 2025 P.C. :

1.

This is an Application for anticipatory bail. 2.

The Applicants are apprehending their arrest in Crime No.416 of 2025 registered with N. R. I. Sagari Police Station for the offences punishable under Sections 308(3), 308(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

I have heard the learned counsel for the Applicants and the learned APP for the Respondent/State.

4.

The learned counsel for the Applicants submits that in February 2022, the first informant decided to redevelop his house and

2 916-ABA 3539-25.doc approached M/s Lotus Enterprises, a partnership firm of which Applicants and one Sanjeev Singh were partners. Consequently, a development agreement dated 02.02.2022 was executed. It is submitted that due to certain dispute, the Applicants decided to retire. It is submitted that Sanjeev Singh and incoming partner agreed to pay substantial amount to the Applicants in respect of their share capital. It is submitted that to avoid paying legitimate dues of the Applicants, Sanjeev Singh lodged the false report alleging extortion. It is submitted that as the Applicants got bail in the said crime at the instance of Sanjeev Singh, the first informant has lodged the present false report alleging extortion. It is submitted that according to the first informant, on 16.08.2025, under threat, he had paid Rs.5,00,000/- to the Applicants. It is submitted that the FIR came to be lodged three months thereafter. It is submitted that considering the overall facts and circumstances, the Applicants be released on anticipatory bail. 5.

On the other hand, Learned APP for the Respondent-State submits that the Applicants are involved in serious crime of extortion. It is submitted that considering the nature of crime, the Applicants may not be released on anticipatory bail.

6.

I have perused the FIR. There is a delay of three months in lodging the FIR. Considering the facts and circumstances of the case, I am inclined to release the Applicants on anticipatory bail. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed.

3 916-ABA 3539-25.doc ii.

In the event of the arrest of the Applicants in Crime No.416 of 2025 registered with N. R. I. Sagari Police Station for the offences punishable under Sections 308(3), 308(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one or two sureties in the like amount.

iii. The Applicants shall attend the concerned Police Station as and when called for by the investigating officer and shall cooperate in the investigation. 7.

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

(N.R. BORKAR, J.)