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Bombay High CourtABA/39/2026disposed off as a withdrawn

Mohd. Iqbal Aziz Sheikh @ Haji Iqbal Sheikh v. State Of Maharashtra Thr Ps Bajaj Nagar, Nagpur

2026-01-21Hon'Ble Shri Justice Rajnish R. Vyas2 pages

1 48 aba39.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 39 OF 2026 MOHD. IQBAL AZIZ SHEIKH @ HAJI IQBAL SHEIKH VERSUS STATE OF MAH., THRU. P.S.O., P.S., BAJAJ NAGAR, NAGPUR ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. R. S. Nayak, Advocate for the applicant.

Mr. S. B. Bissa, A.P.P. for the non-applicant/State CORAM : M. W. CHANDWANI, J.

DATE : JANUARY 21, 2026.

1.

Heard the learned counsel appearing for the applicant.

2.

The applicant is apprehending his arrest in connection with Crime No. 360/2025 registered with Police Station, Bajaj Nagar, Nagpur for the offence punishable under Sections 316(2), 316(5), 318(4), 336(3), 340(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 as well as Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.

3.

The contention is that the applicant is neither the Director of the Company nor has received any amount. The only role attributed to the applicant is that he was present in one of the meetings of the company and therefore, he has been roped in the offence.

4.

Issue notice to the non-applicants/State, returnable on 02.02.2026.

5.

Learned APP waives service of notice on behalf of the non-applicant/State.

6.

Having perused the FIR, it appears that the

2 48 aba39.26.odt applicant was present in one of the meetings where the investors were being informed about the schemes of the company. There is no allegation in the FIR that any amount was received by the applicant. The details are available in the case diary, which is not available with the APP.

7.

Considering the submissions and the role attributed to the applicant, a case is made out for grant of ad-interim protection.

8.

Till the next date, in the event of arrest of applicant - Mohd. Iqbal Aziz Sheikh @ Haji Iqbal Sheikh in connection with Crime No. 360/2025 registered with Police Station, Bajaj Nagar, Nagpur for the offence punishable under Sections 316(2), 316(5), 318(4), 336(3), 340(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 as well as Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishment) Act, 1999, he be released on bail on furnishing a PR bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount.

9.

The applicant shall attend Police Station, Bajaj Nagar, Nagpur on every Tuesday and Friday between 10.00 am and 12.00 pm and cooperate with the investigation.

10.

The applicant shall neither pressurize the prosecution witnesses nor tamper with the prosecution evidence in any manner.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 21/01/2026 19:41:38