Citation : 2026 Latest Caselaw 5130 Bom
Judgement Date : 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
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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)
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),
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
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 :-
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 RAJESH VASANT VASANT CHITTEWAN CHITTEWAN Date: 2026.05.19 10:54:34 on +0530
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