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Bombay High CourtABA/75/2026allowed

Adil Shaheriyar Abdul Sattar And Others v. State Of Maharashtra Thr Pso., Ps Anjangaon Dist, Amravati

2026-03-05Hon'Ble Shri Justice M. W. Chandwani3 pages

2026:BHC-NAG:3752 1 61-aba-75-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 75 OF 2026 Adil Shaheriyar Abdul Sattar and others Vs.

State of Maharashtra ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri S. V. Sirpurkar a/b. Shri Mohan Agrawal, Advocate for applicant. Shri N. S. Autkar, APP for non-applicant/State. Shri B. H. Tekam, Advocate for assist to prosecution. CORAM :- M. W. CHANDWANI, J.

DATED :- 05.03.2026 Heard.

2.

The applicants seek anticipatory bail in connection with Crime No. 613/2025 registered with Police Station Anjangaon, District Amravati for the offences punishable under Sections 103(1), 115(2), 189(2), 190, 191(2) and 296 of the Bhartiya Nyaya Sanhita, 2023. 3.

Heard the learned counsel for the applicants as well as the learned APP for the State.

4.

Perusal of the case-diary reveals that on 21.12.2025, there was counting of votes of the Municipal Council Election of Anjangaon Surji. Therefore, the complainant along with his father- Mohd. Jakir Sheikh Nazeer and friends went to the counting Center to support their candidate from Ward No. 10B- Sahnaz Bano Abdul

2 61-aba-75-26.odt Salim. However, she lost the election and another candidate Naziya Parvin Mohammad won the election from the said Ward. While the complainant along with his father and other friends was returning back to their home, the present applicants along with the other co-accused insulted and abused them for the reason that their candidate could not win the election. Thereafter, co-accused- Mohd. Sakib, Dr. Moin Rajjak and Iftekhar Ahmed Mohd. Idris assaulted the father of the complainant by means of fist blows as a result of which, he fell down. They even assaulted the father of the complainant on his chest by means of kick blows whereby, the father of the complainant fell unconscious. When the father of the complainant was taken to the Hospital, he was reported as dead. 5.

From the recital of the First Information Report (FIR), it appears that none of the applicants had assaulted the father of the complainant. The allegations against the present applicants were of abusing and insulting the complainant, his father and friends. Moreover, perusal of the post-mortem report of deceasedMohd. Zakir Sheikh Nazeer (father of the complainant) reveals that the deceased died due to a Cardiac Arrest. The affidavit-cum-reply filed by the prosecution also reveals Cardiac Arrest as the cause of death of the deceased.

6.

Considering the post-mortem report which shows the cause of death of the deceased as Cardiac Arrest,

3 61-aba-75-26.odt coupled with the fact that none of the applicants were attributed with any assault on the deceased as well the role assigned to the present applicants in the FIR, a case is made out for grant of extra-ordinary relief of anticipatory bail in favour of the applicants subject to stringent conditions. Hence, the following order:- i) The application is allowed.

ii) In the event of arrest, applicants- Adil Shaheriya Abdul Sattar, Mujtaba Kadir Riyaz Ahmed, Mohammad Azhar Abdul Rashid, Mujibur Rehman Shaikh Birham, Mohammad Aousaf Rafique Reyaz, Mohammad Faizan Mohammad Idrees be released on bail on furnishing a P.R. bond of Rs.50,000/- each with one solvent surety each in the like amount in connection with Crime No. 613/2025 registered with Police Station Anjangaon, District Amravati for the offence punishable under Section 103(1), 115(2), 189(2), 190, 191(2) and 296 of the Bhartiya Nyaya Sanhita, 2023.

iii) The applicants shall attend the concerned Police Station between 10 am to 12 noon on every Tuesday and Friday till filing of charge-sheet and shall co-operate in the investigation.

iv) The applicants shall not threaten the prosecution witnesses or tamper with the prosecution witnesses.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 06/03/2026 18:00:39