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Bombay High CourtABA/258/2026disposed off

Sheikh Shakib Sheikh Naseer And ANR. v. The State Of Maharashtra Through Pso Ps Ajani

2026-04-08Hon'Ble Shri Justice Pravin S. Patil3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 258 OF 2026 (Sheikh Shakib Sheikh Naseer and anr Vs. State, thr PSO, PS Ajani, Dist. Nagpur) ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M.N. Ali, Advocate for applicants.

Ms. M.R. Kavimandan, APP for non-applicant/State. CORAM : M.W. CHANDWANI, J.

DATE : 08.04.2026.

Heard.

2.

The applicants are seeking anticipatory bail in connection with Crime No. 122/2026, registered with Police Station Ajni, Dist. Nagpur, for the offences punishable under Sections 109, 115(2), 189(2), 190, 191(2), 191(3) 296, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Section 4 and 25 of the Arms Act, 1959 and 135 of the Maharashtra Police Act, 1951. 3.

Issue notice to the non applicant, returnable on 20.4.2026.

4.

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

5.

It is contented that a quarrel occurred between the applicant party and the complainant party wherein, applicant no. 2 also got injured and was admitted to Niramay Hospital, Nagpur for 12 days. Whereas, injuries on the person of the complainant party were not on the vital parts of the body. According to learned counsel for the applicants, there are no criminal antecedents of the applicants. He submits that the complainant

party acted with more aggression in the incident. 6.

It appears that assault by means of a sword has been assigned to applicant no. 1, whereas applicant no. 2 has been assigned the role of bringing weapons to the spot of incident. Therefore, a case is made out by applicant no. 2 for grant of ad interim relief.

7.

Needless to mention that considering the submission with regard to release of applicant no. 1, scrutiny of case diary is required which is not available today. Hence, the following order:

i) Pending the application, in the event of arrest, in connection with Crime No. 122/2026, registered with Police Station Ajni, Dist. Nagpur, for the offences punishable under Sections 109, 115(2), 189(2), 190, 191(2), 191(3) 296, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Section 4 and 25 of the Arms Act, 1959 and 135 of the Maharashtra Police Act, 1951, applicant no. 2 - Shoaib Nasir Sheikh be released on furnishing a P.R. bond of Rs. 25,000/- with one solvent surety in the like amount.

ii) The applicant shall attend the concerned Police Station every Friday and Tuesday, between 10.00 to 12.00 hrs., for two weeks.

iii) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses and shall cooperate in the investigation.

iv) Appearance of applicant no. 2 before the Investigating Officer shall be treated custody under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023.

JUDGE Belkhede