Shaikh Shahrukh Shaikh Raheman v. The State Of Maharashtra Thr Pso Malkapur City, Dist Buldhana

1 19aba353.2026..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 353 of 2026 (Shaikh Shahrukh Shaikh Raheman Vs. State, thr PSO, PS Malkapur City, Dist Buldhana) --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------------------- Mr. A.V. Karnavat, Advocate for applicant.

Mr. A.M. Ghogare, APP for non-applicant/State. CORAM: RAJNISH R. VYAS, J.

DATE: 07.05.2026 Apprehending arrest, the applicant, original accused no.3 approached this Court in connection with Crime No. 177/2026, dated 7.3.2026,registered with Police Station, Malkapur City, District Buldhana, for the offences punishable under Sections 310(2), 118(2), 115(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, has approached this Court.

2.

In short, it is the case of the informant, namely, Shrinivas Murti Narayanswami, that he deals in sale and purchase of Bamboos and had been to the village Malkapur for purchasing the same. He was then accompanied by the unknown persons who under the pretext of showing Bamboos kept in a godown, took him to a secluded place where those persons forcibly took gold chain and cash carried by the informant and then was assaulted. It was also alleged that he was forced to transfer the an amount of Rs. 40,000/- through PhonePe to the account of one Poonam Bhosale. It is this incident, occurred on 5.3.2026, which resulted in the registration of FIR. The applicant is shown as accused no.3.

3.

The learned counsel for the applicant has contended that

2 19aba353.2026..odt applicant has no criminal antecedent and was not at all involved in the commission of the crime. He submitted that there are no telephonic calls exchanged between the other accused and the applicant.

4.

Per contra, the learned APP, though opposed the application has submitted that at present, the material on record is not sufficient to connect the applicant with the crime. 5.

With the able assistance of the learned counsel for the respective parties, I have perused the case record and the FIR. 6.

Though, the present applicant was named in the FIR, the fact remains, that the applicant was not known to the informant since beginning. Considering far as the contention of the learned APP which is based on the instructions taken from the Investigating Officer, that presently, there is no material against the applicant, would be a ground to protect the liberty of the applicant. Considering the nature of evidence available against the applicant, the following order is passed.

ORDER

i) The Criminal Application is allowed.

ii) In the event of arrest in connection with Crime No. 177/2026, registered with Police Station, Malkapur City, District Buldhana, for the offences punishable under Sections 310(2), 118(2), 115(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant namely, Shaikh Shahrukh Shaikh Raheman, be released on bail on furnishing a P.R. bond of Rs.

3 19aba353.2026..odt 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount.

iii) The applicant shall attend the concerned Police Station from 11th to 13th May, 2026, between 3.00 p.m. to 6.00 p.m. and thereafter, as and when called by the Investigating Agency, till filing of the charge sheet and shall cooperate with the investigation.

iv) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses. v) The applicant shall not leave India without prior permission of the Court.

(RAJNISH R. VYAS, J.) Belkhede, PS