[Cites 3, Cited by 0]
Bombay High Court
Mohammed Amin Mohammed Hasan vs Sr. Police Inspector And Anr on 7 March, 2026
2026:BHC-AS:11312
Digitally signed
by LAXMIKANT (35) BA-3994.25.DOCX
GOPAL
LAXMIKANT CHANDAN
GOPAL Date:
CHANDAN 2026.03.07
19:27:22
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.3994 OF 2025
Mohammed Amin Mohammed Hasan : Applicant
Versus
Sr. Police Inspector
Chavani Malegaon Police Station & anr. : Respondents
______________________________________________________
Mr. Mateen Shaikh a/w Mr. Muskan Shaikh, Mr. Ejaz Shaikh
and Adv. Razique Shaikh for the Applicant.
Mr. Shishir Hiray, Special PP a/w Mr. Tanveer Khan, APP and
Adv. Shubham Joshi and Adv. Sanjay Kokne
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 07 MARCH 2026
PC:-
1. Heard Mateen Shaikh, learned Advocate for the
Applicant, and Mr. Shishir Hiray, learned Special PP for
Respondent No.1.
2. By this Application under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023, the Applicant seeks bail
concerning FIR No.40 of 2025 registered with Chhavani Police
Station, Malegaon City, District Nashik, for offences
punishable under Sections 318(4), 336(3), 340(2), 61(2), and
338 read with Section 3(5) of the BNS, 2023, as well as
Sections 8 and 11 of the Prevention of Corruption Act, 1988
(35) BA-3994.25.DOCX
( "said FIR"). The said crime is registered as Special Case
No.84 of 2025 and is pending before the Additional Sessions
Judge, Malegaon, District Nashik.
3. There are 22 Accused in the said FIR. The Applicant
herein is Accused No.7.
4. The Applicant was arrested on 13 February 2025 and
has been in jail since then. The Bail Application at Exhibit 32,
filed by the Applicant in Special Case No.84 of 2025, was
rejected by the Additional Sessions Judge on 03 September
2025.
5. Mr. Mateen Shaikh, learned Advocate for the Applicant,
submits that the allegations against the Applicant are that he
was running a Customer Service Center to assist people in
obtaining PAN cards, Aadhar Cards, Birth Certificates,
Domicile Certificates, etc. He argues that the allegations
against the Applicant involve preparing affidavits without the
deponents' presence by forging their signatures for financial
gain. He states that Khalid Akhtar Mohammed Yusuf (Accused
No.4), in the present crime, against whom similar allegations
of preparing false documents without the deponents' presence
and forging their signatures for monetary gain have been
made, has been released on anticipatory bail by the Hon'ble
Supreme Court in Special Leave to Appeal (Crl) No.4952 of
2025 by order dated 09 July 2025. A photocopy of the order
dated 09 July 2025 passed by the Hon'ble Supreme Court is
on record and marked "X" for identification. He submits that,
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being similarly placed, the Applicant is seeking bail on the
ground of parity. He submits that the Applicant has no
antecedents.
6. Mr Shishir Hiray, learned Special PP for the
Respondent/State, submits that the material on record is
sufficient to indicate the Applicant's involvement in the
present crime. He, however, fairly submits that the allegations
against Khalid Akhtar Mohammed Yusuf (Accused No.4) are
similar to and identical with those against the Applicant.
7. Mr. Shishir Hiray, learned Special PP, on instructions,
confirms that the Applicant has no previous criminal record.
8. Heard Arguments. Perused the record and order dated
09 July 2025, passed by the Hon'ble Supreme Court in Special
Leave to Appeal (Crl.) No.4952 of 2025.
9. Perusal of the chargesheet, and more specifically, the
allegations against Khalid Akhtar Mohammed Yusuf (Accused
No.4) and the Applicant, suggests that the allegations are
similar and that the role assigned to the Applicant is identical
to that assigned to Khalid Akhtar Mohammed Yusuf (Accused
No.4) in the present crime. In such circumstances, Mr. Mateen
Shaikh would be justified in seeking bail on the ground of
parity. Furthermore, the Applicant has been in jail for almost a
year.
10. Mr. Shishir Hiray submits that strict conditions may be
imposed, including a condition that the applicant should not
(35) BA-3994.25.DOCX
enter Malegaon City/Malegaon Tahsil until charges are
framed.
11. Mr. Mateen Shaikh, on instructions from the Applicant,
states that until the framing of the charge in Special Case
No.84 of 2025, the Applicant shall not enter the jurisdiction of
Malegaon City/Malegaon Tahsil. Statement accepted.
12. In view of the above, the present Bail Application is
allowed on the following conditions:-
a. Applicant is directed to be released on bail in
connection with FIR No. 40 of 2025 registered with
Chhavani Police Station, Malegaon City, District Nashik,
for the offences punishable under Sections 318(4),
336(3), 340(2), 61(2), and 338 r/w Section 3(5) of the
BNS, 2023, and under Sections 8 and 11 of the
Prevention of Corruption Act, 1988, on executing a P.R.
Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand
Only) with one or two local sureties of like amount to
the satisfaction of the Additional Sessions Judge,
Malegaon, District Nashik.
b. Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person/s
acquainted with facts of the accusation, in order to
dissuade him from disclosing such facts to the Court or
to any police officer.
(35) BA-3994.25.DOCX
c. Applicant shall not tamper with the prosecution
witnesses and evidence in any manner.
d. Applicant, upon his release, shall, within three
days, furnish his cell phone number, contact details,
and residential address with proof to the Investigating
Officer at Chhavani Police Station, Malegaon City,
District Nashik, and shall keep this information updated
in case of any changes.
e. The Applicant shall surrender his passport, if any,
to the Investigating Officer at Chhavani Police
Station, Malegaon City, District Nashik within three days
of his release.
f. The Applicant shall report to the Investigating
Officer of Chhavani Police Station, Malegaon, District
Nashik, on the 2nd Saturday of every month from 10.00
am to 12.00 pm till further orders from the Additional
Sessions Judge, Malegaon, District Nashik.
g. The Applicant shall not enter the territorial
jurisdiction of Malegaon City/Malegaon Tahsil until the
charge is framed in Special Case No.84 of 2025, except
for reporting to the Investigating Officer and/or
(35) BA-3994.25.DOCX
attending the day-to-day hearings in Special Case No.84
of 2025.
h. The Applicant shall attend each hearing date in
Special Case No.84 of 2025 regularly, unless exempted.
13. The Criminal Bail Application No.3994 of 2025 is
disposed of.
(ASHWIN D. BHOBE, J.)
