Citation : 2026 Latest Caselaw 5215 Bom
Judgement Date : 18 May, 2026
34-CRIAPEAL-364-26.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.364 OF 2026
Husen Shekh S/o. Mahemud Shekh ... Appellant
VERSUS
1. The State of Maharashtra
Through Khultabad Police Station,
Dist. Aurangabad.
2. Superintendent of Police,
Aurangabad (Rural)
3. XYZ (victim) ... Respondents
......
Mr. Dhanraj Ingole, Advocate h/f Mr. N.S. Ghanekar, Advocate for Appellant
Mr. K.B. Jadhavar, APP for Respondents No.1 and 2
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
[VACATION COURT]
DATE : 18 MAY, 2026
PER COURT :
1. Heard the learned Advocate for the respective parties.
2. The appellant apprehends arrest in connection with Crime No.0167
of 2026 registered with Khultabad Police Station, District Aurangabad, for
the offences punishable under Sections 352, 351(2), 351(3) of the Bharatiya
Nyaya Sanhita, 2023 and Section 3(1)(r) and 3(1)(s) of Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Issue notice to the respondents, returnable on 10.06.2026. Learned
APP waives service of notice for respondents No.1 and 2.
34-CRIAPEAL-364-26.odt
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4. Considering the allegations made in the FIR and the role attributed
to the applicant and fact that thee is a delay of five days in filing the
complaint, the applicant has prima facie made out a case for grant of interim
protection. Therefore, I am inclined to grant interim protection to the
applicants. Hence, the following order :
ORDER
(i) Till the next date, in the event of arrest of applicant namely; Husen
Shekh S/o. Mahemud Shekh in connection with Crime No.0167 of 2026
registered with Khultabad Police Station, District Aurangabad, for the
offences punishable under Sections 352, 351(2), 351(3) of the Bharatiya
Nyaya Sanhita, 2023 and Section 3(1)(r) and 3(1)(s) of Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, be released
on bail on executing P.R. Bond and Surety Bond of Rs.15,000/- each.
(ii) The applicant shall attend the concerned Police Station on every
Thursday and Sunday between 10.00 a.m. and 02.00 p.m. till the filing of
chargesheet.
(iii) The applicants shall not tamper with the prosecution evidence in any
manner whatsoever.
(iv) The applicants shall cooperate with the Investigating Agency.
[ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane
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