Salim Chand Sayyed vs State Of Maharashtra

Citation : 2026 Latest Caselaw 5130 Bom
Judgement Date : 15 May, 2026

[Cites 0, Cited by 0]

Bombay High Court

Salim Chand Sayyed vs State Of Maharashtra on 15 May, 2026

                                                                       31. ABA 1307-2026.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                ANTICIPATORY BAIL APPLICATION NO.1307 OF 2026

Saheb Ali Samsuddin Shaikh                         )..   Applicant
        Versus
The State of Maharashtra And Anr.                  )..   Respondents

                                   WITH
               ANTICIPATORY BAIL APPLICATION NO.1308 OF 2026

Salim Chand Sayyed                                 )..   Applicant
        Versus
The State of Maharashtra And Anr.                  )..   Respondents

                                   WITH
               ANTICIPATORY BAIL APPLICATION NO.1309 OF 2026

Mohammed Irafan Yusuf Shaikh                       )..   Applicant
        Versus
The State of Maharashtra And Anr.                  )..   Respondents

                                   -----
Ms. Shrushti Chalke for the Applicant.
Mr. Mayur Sonavane, A.P.P. for the Respondent No.1-State in
Anticipatory Bail Application No.1307 of 2026.
Ms. Rashmi S. Tendulkar, A.P.P. for the Respondent No.1-State in
Anticipatory Bail Application No.1308 of 2026.
Mr. Vinit A. Kulkarni, A.P.P. for the Respondent No.1-State in
Anticipatory Bail Application No.1309 of 2026.
Mr. Pramod Kate, Asstt. Police Inspector, Kherwadi Police Station,
Bandra, Mumbai.
                                   -----

                                        CORAM : SANDESH D. PATIL, J.

DATE : 15th MAY 2026 (VACATION COURT) RaJesh Chittewan, PS 1/5 ::: Uploaded on - 19/05/2026 ::: Downloaded on - 23/05/2026 00:25:46 :::

31. ABA 1307-2026.odt P.C. :

1) Heard Ms. Shrushti Chalke, the learned Counsel for the Applicant and Mr. Mayur Sonavane, the learned A.P.P. for the Respondent No.1-State.
2) The Applicant at the outset, seeks leave to add the first informant as party Respondent to the present Anticipatory Bail Applications.

Leave is granted. The amendment to be carried out forthwith.

3) Ms. Chalke, the learned Counsel for the Applicants states that the allegation against the Applicants is that the Applicants had entered the office of the developer who was developing the society building. There were certain disputes between the residents and the developer. The Applicants are the resident of the locality. Since the developer was carrying out certain illegal activities, therefore, the Applicants had gone to the office of the developer. The allegation is that the Applicants had abused the complainant as well as another employees of Shiv Infra Riverwalk Pvt. Ltd. The allegation against the Applicants is that the Applicants had committed the offence under Sections 74, 329(4), RaJesh Chittewan, PS 2/5 ::: Uploaded on - 19/05/2026 ::: Downloaded on - 23/05/2026 00:25:46 :::

31. ABA 1307-2026.odt 115(2), 351(3), 189(2), 190 and 191(2) of Bhartiya Nyay Sanhita, 2023. The FIR was lodged.

4) Ms. Chalke, the learned Counsel for the Applicants state that the entire dispute arose due to illegal development activities carried out by the developer. She states that the complainant had filed the complaint at the behest of the said developer. She states that there was already a pre-existing dispute between the developer and the applicants. The Applicant in Anticipatory Bail Application No.1307 of 2026, being a chief promoter had filed Wit Petition (L) No. 31853 of 2025 against the illegal activities of the aforesaid developer, namely, Shiv Infra Riverwalk Pvt. Ltd. She has relied upon a copy of the Order passed by the Division Bench of this Court dated 8th August 2025 in the aforesaid writ Petition, being W.P. (L) No.31853 of 2025. She stated that the Applicant is falsely roped and that on bare perusal of the allegations, the case appears to be filed at the instance of the developer to wreck vengeance against the Applicant.

5) Mr. Mayur Sonavane, the learned A.P.P. for the Respondent No.1- State in Anticipatory Bail Application No.1307 of 2026, Ms. Rashmi RaJesh Chittewan, PS 3/5 ::: Uploaded on - 19/05/2026 ::: Downloaded on - 23/05/2026 00:25:46 :::

31. ABA 1307-2026.odt Tendulkar, the learned A.P.P. for Respondent No.1-State in Anticipatory Bail Application No.1308 of 2026 and Mr. Vinit Kulkarni, the learned A.P.P. for Respondent No.1-State in Anticipatory Bail Application No.1309 of 2026, strongly oppose the Applications. They state that the custodial interrogation is very well necessary to ascertain the exact nature of the crime. The learned A.P.Ps. pray for the rejection of the Application.

6) In this premise, issue notice to the Respondents. Mr. Mayur Sonavane, learned A.P.P. waives service on behalf of the Respondent No.1-State in Anticipatory Bail Application No.1307 of 2026, Ms. Rashmi S. Tendulkar, the learned A.P.P. waives service on behalf of Respondent No.1-State in Anticipatory Bail Application No.1308 of 2026 and Mr. Vinit A. Kulkarni, the learned A.P.P. waives service on behalf of Respondent No.1-State in Anticipatory Bail Application No.1309 of 2026.

7) Issue notice to Respondent No.2, returnable on 29th June, 2026.

8) Till the next date, there shall be following interim reliefs :- RaJesh Chittewan, PS 4/5 ::: Uploaded on - 19/05/2026 ::: Downloaded on - 23/05/2026 00:25:46 :::

31. ABA 1307-2026.odt
(i) In the event of arrest, the Applicants - (1) Saheb Ali Samsuddin Shaikh, (2) Salim Chand Sayyed and (3) Mohammed Irafan Yusuf Shaikh, they shall be released on bail in connection with C.R. No.147 of 2026, registered with Kherwadi Police Station, Bandra East, Mumbai, for offences punishable under Sections 74, 329(4), 115(2), 351(2), 189(2), 190 and 191(2) of Bhartiya Nyay Sanhita, 2023, on furnishing P.R. bond in the sum of Rs.25,000/- each, with one or two sureties in the like amount.

(ii) The Applicants shall report to the Investigating Officer of the concerned Police Station for a period from 25th May 2026 to 29th May 2026, between 10.30 a.m. to 02.00 p.m. (SANDESH D. PATIL, J.) RaJesh Chittewan, PS 5/5 Digitally signed by RAJESH RAJESH VASANT VASANT CHITTEWAN CHITTEWAN Date: 2026.05.19 10:54:34 on +0530 ::: Uploaded - 19/05/2026 ::: Downloaded on - 23/05/2026 00:25:46 :::