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Bombay High Court
Shabbir Peer Mohammed Shaikh vs State Of Maharashtra on 22 May, 2026
6-ABA-1328-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1328 OF 2026
Mr. Shabbir Peer Mohammed Shaikh ... Applicant
Versus
The State of Maharashtra ... Respondent
--------------------
Mr. A. Karim Pathan a/w Shane Illahi Turky and Mr. Shoeb Shaikh, for
the Applicant.
Ms. R. S. Tendulkar, A.P.P., for the Respondent-State.
Ms. Seema Khan, Police Sub Inspector, D. N. Nagar Police Station.
--------------------
CORAM : SANDESH D. PATIL, J.
DATE : 22 nd MAY, 2026.
(VACATION COURT)
P.C. :
1. The Complainant has lodged a Complaint stating that in the year
2016, she had taken divorce from Mr. Imran Shaikh. Thereafter, in the
year 2025, the Applicant informed the Complainant that his first wife
has expired and he is willing to marry the Complainant. The marriage
between the Applicant and the Complainant was solemnized on 30 th
September, 2025. There were several matrimonial discords between
the Applicant and the Complainant and that after few days she would
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get calls on her mobile relating to loan. The Complainant stated that
on 15th December 2025 at about 9:00 a.m., while leaving for work, the
Applicant's brother came to their house. The Applicant had called her
transferring for Rs.500/- on G-pay of Shakir i.e. Applicant's brother
and therefore, she transferred the same. After coming back home, she
realised that the Applicant and his brother had stolen her gold
ornaments. The F.I.R. in question was lodged on 13 th February, 2026
with the D. N. Nagar Police Station, Mumbai.
2. Learned Counsel appearing for the Applicant submits that there
is gross delay in lodging the F.I.R. Assuming for argument purpose
without admitting that there is theft of gold ornaments, even as per the
case of the Complainant, the theft occurred on 15 th December, 2025.
The F.I.R. which is lodged almost after two months from the alleged
date of theft is thus belated. He submits that because of the
matrimonial discord the present complaint is filed.
3. Learned A.P.P. submits that the Applicant had stolen the gold ring
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from the Complainant's house and the Applicant had pledged the same
with a jeweller. She tenders across the Bar for my perusal a copy of the
statement of the jeweller along with the receipt. On perusal of the
receipt, it is seen that the jeweller has given loan to the Applicant by
pledging a ring of 2.10 gram. She prays for dismissal of the
Application.
4. Having heard learned Counsel appearing for the parties, it is
clear that, the gross delay in lodging the F.I.R. speaks volume. The
delay is not only gross but also unexplained. It appears to be a case of
matrimonial discord. The receipt which the learned A.P.P. has
produced mentions the gram of the ring as 2.10 grams, however, the
F.I.R. does not mentions any ring of 2.10 gram of the Complainant.
Therefore, assuming for argument purpose that the Applicant had a
2.10 grams golden ring, it does not appears to be a ring of the
Complainant. Even otherwise, taking into consideration the
matrimonial discord between the parties, custodial interrogation is not
necessary.
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5. In the meantime, till the next date, the Applicant is granted
interim protection on the following terms and conditions:
ORDER
(i) In the event of arrest, the Applicant- Mr. Shabbir
Peer Mohammed Shaikh be released on bail in connection with
C.R. No.133 of 2026 registered with D. N. Nagar Police Station,
Mumbai dated 13th February, 2026 for offences punishable
under Sections 318(4), 316(2), 351(2), 352, 305(a) read with
Section 3(5) of Bharatiya Nyaya Sanhita, 2023. on executing P.R.
Bond in the sum of Rs.25,000/- with one or two solvent sureties
in the like amount;
(ii) The Applicant shall report to the Investigating
Officer of the concerned Police Station from 1 st June, 2026 to 5th
June, 2026 between 10:00 a.m. to 1:00 p.m.
6. Stand over to 16th June, 2026.
(SANDESH D. PATIL, J.)
