Imran Afzal Hussain Shaikh v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2142 OF 2025 Kalim Kasam Shaikh ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO.3196 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.2142 OF 2025 Imran Afzal Hussain Shaikh ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH ANTICIPATORY BAIL APPLICATION NO.1731 OF 2025 Munir @ Munna Abdul Shaikh (Jahagirdar) ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Satyam Harshad Nimbalkar (through Video Conferencing) i/b Abhishek U. Arote a/w Aditya A. Singh, for the Applicant/Accused No.2 (in ABA/2142/2025) Mr. HS Kazi, for the Intervenor (in IA/3196/2025 and in ABA/2142/2025) Mr. Varun V. Thokal, for the Applicat (in ABA/1731/2025) Mr. S.A. Karmakar, APP, for the Respondent-State. Mr. Vilas Sutar, API, attached to Kalepadal Police Station, Pune City, present (in ABA/2142/2025).
CORAM:
MADHAV J. JAMDAR, J.
DATED :
10th NOVEMBER 2025 PC:-
1.
Heard Mr. Nimbalkar and Mr. Thokal learned Counsels for the Applicants, Mr. Kazi, for the Intervenor and Mr. Karmakar, learned APP for the Respondent - State.
2.
Both these Applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") by the Applicants seeking pre-arrest bail in connection with C.R. No.182 of 2025 registered on 16th May 2025 with the Kadepadal Police Station, Pune city, Pune for the offences punishable under Sections 189(2), 190, 191(2), 191(3), 308(5), 329(3), 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 ("BNS"), under Sections 25 and 4 of the Arms Act, 1959 and under Sections 135, 37(1), 37(3) of the Maharashtra Police Act, 1951.
3.
The Anticipatory Bail Application No.2142 of 2025 is filed by Mr. Kalim Kasam Shaikh (Accused No.2) and Anticipatory Bail Application No.1731 of 2025 is filed by Munir @ Munna Abdul Shaikh (Jahagirdar) (Accused No.1).
4.
Mr. Nimbalkar, learned Counsel appearing for the Accused No.2 and Mr. Thokal, learned Counsel appearing for the Accused
No.1 states that the chargesheet is already filed and by order dated 01st August 2025 and 27th June 2025 respectively the Applicants have been protected by the learned Single Judge. Both of them submit that, as per the chargesheet the only offence against the Applicants is under Section 329(3) of BNS i.e. criminal tresspass which is bailable offence.
5.
Mr Kazi, learned Counsel appearing for the Intervenor and Mr. Karmakar, learned APP, strongly oppose the Anticipatory Bail. Both of them submits that the offence is very serious and therefore, Anticipatory Bail Application be rejected.
6.
Mr. Kazi, learned Counsel for the Intervenor submits that there is another FIR being C.R. No.400 of 2025 registered on 08th October 2025 with Kadepadal Police Station, Pune City. However, Mr. Kazi fairly admits that the Applicants are not the Accused in C.R.No.400 of 2025. However, he submits that the C.R. No.400 of 2025 is filed against other Co-Accused having same motive and therefore the Anticipatory Bail Application be rejected.
7.
The perusal of the record shows that, the chargesheet is filed and investigation is completed. The offence against the Applicants is bailable. Thus, the Anticipatory Bail can be granted. 8.
In view thereof, the following order is passed:
O R D E R
(a) In the event of arrest of the Applicant No.1- Kalim Kasam Shaikh (in ABA No.2142/2025) and Applicant No.2- Munir @ Munna Abdul Shaikh (Jahagirdar) (in ABA No.1731/2025) in connection with C.R. No. 182 of 2025 registered with the Kadepadal Police Station, Pune city, Pune- the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.2,00,000/- each with one or two solvent sureties in the like amount.
(b) The Applicants shall attend the concerned Police Station on every Sunday between 11:00 a.m. to 01:00 p.m. till conclusion of the trial and in additional shall attend the concerned Police Station as and when called.
(c) The Applicants shall furnish their cell phone number and residential addresses to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
(f) The Applicant shall not leave India without prior permission of the Court.
9.
The Anticipatory Bail Application is disposed of accordingly. In view of the disposal of the Anticipatory Bail Application nothing survives in the Interim Application the same is also disposed of. [MADHAV J. JAMDAR, J.]