Citation : 2026 Latest Caselaw 4876 Bom
Judgement Date : 12 May, 2026
1 4aba383.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (ABA) NO. 383 of 2026
(Humza Abdul Wahid Sheikh Vs. State, thr PSO, PS Ballarpur, Dist. Chandrapur)
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Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
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Mr. A.J. Mirza, Advocate for applicant.
Mr. A.B. Badar, APP for respondent /State.
CORAM: RAJNISH R. VYAS, J.
DATE: 12.05.2026
Heard.
2. Apprehending arrest, the applicant has approached
this Court in connection with First Information Report No.
175/2026, dated 11.4.2026, registered with Police Station,
Padoli, Dist. Chandrapur, for the offence punishable under
Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The reporter of the crime is one Raju Keshavrao
Vaddelwar, who was attached to Police Station, Padoli as ASI.
4. In short, it is the case of the non-applicant in the
FIR that the two vehicles seized by the Investigating Officer in
different crimes were kept at a place since last 8 to 10 years.
According to the non-applicant, those two vehicles were stolen
by the present applicant and sold it to somebody.
5. The learned counsel for the applicant has argued
that the applicant deals in sale and purchase of the vehicles
and considering the condition of the vehicles, those were
2 4aba383.2026.odt
purchased at throw away price. He further submitted that he
was not aware about seizure of the vehicles in different crimes
by the police authority. The learned APP has opposed the
application and prayed for rejection of the application since,
the offence is serious.
6. Considering the fact that the applicant was dealing
in sale and purchase of the old vehicles and has no criminal
antecedents, I am inclined the protect his liberty. Hence, the
following order is passed:
ORDER
i) The Criminal Application is allowed.
ii) In the event of arrest in connection with Crime No. 175/2026, dated 11.4.2026, was registered with Police Station, Padoli, Dist. Chandrapur, for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, the applicant, namely, Humza Abdul Wahid Sheikh, be released on ad interim bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount.
iii) The applicant shall attend the concerned Police Station on 16th and 17 May, 2026, between 12.00 noon to 3.00 p.m. and shall cooperate to the Investigating Agency. Thereafter, the applicants shall attend the police station as and when directed by the Investigating Officer.
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.
3 4aba383.2026.odt
7. Issue ;notice to the respondents, returnable on 9.6.2026.
8. The learned APP waives notice for respondent /State.
(RAJNISH R. VYAS, J.)
Belkhede, PS
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