Sheikh Shakib Sheikh Naseer And ANR. v. The State Of Maharashtra Through Pso Ps Ajani
1 09-aba 258.2026 + 2.doc
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 THE STATE OF MAHARASHTRA THROUGH PSO PS AJANI ) WITH CRIMINAL APPLICATION (ABA) NO. 269 OF 2026 ( MOHD. KADEER SHEIKH S/O TAYYAB MAHAJAN VS STATE OF MAHARASHTRA THR ITS POLICE INSPECTOR PS AJNI, NAGPUR ) CRIMINAL APPLICATION (ABA) NO. 299 OF 2026 ( SHAFAT SHAFI SHEIKH S/O SHAFI SHEIKH VS THE STATE OF MAHARASHTRA THR PSO., PS AJNI, DIST. NAGPUR ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions Court's or Judge's order and Registrar's orders.
Mr. M.N.Ali, Advocate for applicants in ABA 258/2026. Mr. Y.N. Sambre, Advocate for applicant in ABA 269/2026. Ms. Sangita Das & Mr.Mohd.Naveed Opai, Advocates for applicant in ABA 299/2026.
Mr. D.V.Chavan, Senior Advocate/Government Pleader assisted by Mrs.M.R.Kavimandan, APP for non-applicant/State. CORAM : RAJNISH R. VYAS, J.
ATE : MAY 08, 2026 CRIMINAL APPLICATION (ABA) NO. 269 OF 2026 1) In response to the order passed by this Court on 04/05/2026, the Commissioner of Police has filed an affidavit. Immediate response of the Commissioner of Police deserves appreciation. The said affidavit is taken on record and marked as 'X' for identification purpose.
2 09-aba 258.2026 + 2.doc 2) In view of the affidavit, no further orders are required to be passed, as far as the injury certificate which was subject matter of the order dated 04/05/2026 is concerned at this stage. CRIMINAL APPLICATION(ABA)NOS. 258 OF 2026 & 299 OF 2026 1) In Criminal Application (ABA) No.258/2026, this Court has protected the applicant No.2 - Shoaib Nasir Sheikh. 2) In Criminal Application (ABA) Nos.269/2026 and 299/2026, there is no interim order protecting the applicant. 3) Heard learned respective counsels. The report in all these applications shows that total 04 accused are involved. This Court on 08/04/2026 in Criminal Application (ABA) No.258/2026 while protecting the applicant No.2, directed him to attend the police station between 10.00 a.m. to 12.00 noon on every Friday and Tuesday for two weeks.
The applicant No.1 in Criminal Application (ABA) No.258/2026 namely, Sheikh Shakib Sheikh Naseer, is concerned, he was not protected. The perusal of the FIR shows that it is alleged the applicant Sheikh Shakib Sheikh Naseer had used sword which caused injury to the fingers of Sheikh Sohail Sheikh Shafi. Learned A.P.P. submits that the injury sustained is simple injury. In that view of the matter, till further orders, interim protection can be granted to the applicant No.1 in Criminal Application (ABA) No.258/2026. 4) Coming to Criminal Application (ABA) No.299/2026, the applicant is Shafat Shafi Sheikh s/o Shafi Sheikh. It is argued by the learned counsel for the applicant that he has no criminal antecedent and the allegations against him are that he has caught-hold of the injured from back.
3 09-aba 258.2026 + 2.doc 5) So far as the applicant in Criminal Application (ABA) No.269/2026, by name, Mohd.Kadeer Sheikh S/o. Tayyab Mahajan is concerned, it is argued by the learned counsel for the applicant that he has no criminal antecedent and role assigned to him in the FIR that due to assault by the applicant by means of sword, Sheikh Shahrukh Sheikh Mehboob sustained grievous injuries. This Court vide its order dated 04/05/2026, has observed that the injury certificate of injured Sheikh Shahrukh Sheikh Mehboob was not produced on record. The Investigating Officer, who is present before the Court has submitted that he is in process of making necessary correspondence with the Dean of Government Medical College, requesting him to supply the entry register/injury certificate. The fact remains that as on today, the medical papers showing the initial examination of said injured person are not available on record. In that view of the matter, till the next date following order is passed :-
ORDER
1. Applicant No.1 in Criminal Application (ABA) No.258/2026 namely, Sheikh Shakib Sheikh Naseer, applicant in Criminal Application (ABA) No.299/2026 namely, Shafat Shafi Sheikh S/o Shafi Shaikh and applicant in Criminal Application (ABA) No.269/2026 namely, Mohd. Kadeer Sheikh S/o. Tayyab Mahajan are granted ad-interim anticipatory bail till the next date on the following terms and conditions :-
2. In the event of arrest, in connection with Crime No.122/2026, dated 15/03/2026 registered with Police Station Ajni, District Nagpur, for the offences punishable under Sections 109, 115(2), 189(2), 190, 191(2),
4 09-aba 258.2026 + 2.doc 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, applicants be released on furnishing a P.R. bond of Rs.55,000/- each with one solvent surety in the like amount.
3. The applicants shall attend the concerned Police Station from 13th to 16th May, 2026 between 10.00 a.m. to 12.00 noon and thereafter as and when directed by Investigating Officer.
4. The applicants shall not tamper with the prosecution evidence or threaten the prosecution witnesses and shall cooperate with the investigation.
5. The applicants shall not leave India without prior permission of the Court.
6. Stand over after the summer vacation.
( RAJNISH R. VYAS, J. ) Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 08/05/2026 18:45:27