Shaikh Sultan Majid And Another v. The State Of Maharashtra

2026:BHC-AUG:22611 {1} 923 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 203 OF 2026 Shaikh Sultan Majid And Another ....Applicant

VERSUS

The State Of Maharashtra .....Respondent .....

Advocate for Applicant : Mr. Shaikh Md Aamir Abdul Qadir, S. A. Husen, Kayum Razak Shaikh (Bamnikar) APP for Respondents: Mr. N.R. Dayama.

CORAM : R.M. JOSHI, J.

DATE : 9TH JUNE, 2026.

P.C. :- 1.

The applicants are seeking pre-arrest bail in connection with Crime No. 188 of 2025, registered with police station Kondalwadi, District Nanded for the offences punishable under Sections 118-2, 118-1, 115-2, 351, 351-2, 351-3, 189-2, 191-2, 191-3, 190, 49 of Bhartiya Nyaya Sanhita.

2.

In short, it is the case of the prosecution that the incident had occurred on 18.12.2025 in which the informant and others were assaulted by the applicants and co-accused over a trifle issue. There is allegation against the present applicant No.1 that he caused assault with stone on the head of the informant, whereas, the witness was assaulted by applicant No. 2 with wooden stick.

3.

The learned counsel for the applicant submits that now the investigation is complete with the filing of charge sheet and therefore, the custodial interrogation of the applicants is not necessary. According

{2} 923 sr.no..odt to him, in respect of the same incident, counter report has been filed which creates a possibility of exaggeration by the informant. In any case, according to him, the applicants have no criminal history and they are not likely to flee from justice.

4.

The learned APP strongly opposed the application contending that there are specific allegations against the applicants, causing assault on the informant and witnesses. Now, investigation is complete and charge sheet is filed.

5.

Prima facie perusal of the record indicates that some incident had definitely occurred on 15.12.2025. The lodging of counter report indicates that both sides sustained some injuries in the incident. In the light of these facts, when the charge sheet is already filed, question of custodial interrogation of the applicants does not arise. 6.

The applicants were granted interim relief by order dated 9.2.2026. Accordingly, the applicants attended the concerned police station and cooperated in the investigation. The applicants have no criminal antecedents. They are not likely to flee from justice. Hence, this Court finds no reason to reject the application. Hence, the following order :-

O R D E R

[a] The application stands allowed by confirming the interim relief. [R.M. JOSHI, J.] grt/-