1 905,961&964 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 905 ANTICIPATORY BAIL APPLICATION NO. 568 OF 2025 1. MIRZA ASAD BAIG S/O. MIRZA WAHED BAIG 2. MIRZA MOHSIN BAIG S/O MIRZA AZAM BAIG INAMDAR VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicants: Mr. Sudarshan J Salunke APP for Respondent/State: Mr. B. B. Bhise … AND … 961 ANTICIPATORY BAIL APPLICATION NO. 428 OF 2025 MIRZA AZMAT BAIG S/O. MIRZA ABID BAIG VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicant : Mr. Bilolikar Upendra Bapurao APP for Respondent/State: Mr. B. B. Bhise … WITH … ANTICIPATORY BAIL APPLICATION NO. 426 OF 2025 1. MIRZA KHADIR BAIG S/O. MIRZA MAHEMOOD BAIG 2. AMINULLA BAIG S/O. SAMIULLA BAIG VERSUS THE STATE OF MAHARASHTRA AND ANOTHER … Advocate for Applicant : Mr. Bilolikar Upendra Bapurao APP for Respondent/State: Mr. B. B. Bhise … AND … 2025:BHC-AUG:10651 2 905,961&964 964 ANTICIPATORY BAIL APPLICATION NO. 462 OF 2025 1. MIRZA AZIZ BEG MIRZA AMJAD BEG 2. NUSRAT BEG AMJAD BEG 3. SHAHED BEG AMJAD BEG 4. MIRZA FAHIM BEG AMJAD BEG 5. MIRZA ISHRAT BEG AMJAD BEG 6. AFZAL BEG SARFARAZ BEG 7. MEHMOONA BEGAM HASAN BEG 8. YASMIN BEGAM AMJAD BEGAM VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicant : Mr. Sudarshan J. Salunke APP for Respondent/State: Mr. B. B. Bhise ... CORAM : ARUN R. PEDNEKER, J. DATE : 08.04.2025 P.C. : 1] Heard learned counsel for the applicants and the learned APP for the respondent-State. 2] The applicants are apprehending arrest in connection with Crime No.0040/2025, registered at Biloli Police Station, District Nanded, for the offences punishable under Sections 406, 420, 467, 468, 471, 120-B, 34 of the Indian Penal Code, 1860. 3] This court by order dated 24.03.2025 in ABA/426/2025, ABA/428/2025 and ABA/462/2025, granted interim protection to the applicants noticing the submissions and reasons at para nos.4,5,6 and 7, as under: 3 905,961&964 “4] The case against the applicants is that the complainant has filed complaint under Section 156 (3) of the Criminal Procedure Code before the Magistrate against the accused nos. 1 to 3 and other family members of the Mutawali, alleging that they have used their position and have given the property of Dargah and Masjid on rent and received Rs.1,12,33,000/- from the period 2018 till 2025. On the basis of said complaint, the Magistrate has directed to register crime against them. As such, the present FIR is lodged. 5] The learned counsel for the applicants submits that the applicants are the Mutawalis of Masjit and Dargah and also the caretaker of the said Masjit and Dargah. The amounts so recovered are used for maintaining the masjit and dargah and there are no resources available to maintain the property of masjit and dargah. The learned counsel further submits that all the present applicants, so also, other accused persons are the residents of Biloli and are caretakers of the masjit and dargah. 6] Per contra, the learned APP submits that there is huge amount collected by the applicants and that there is account maintained by them for utilization of the funds. 7] Considering the submissions, since the property is a wakf property, it is not shown that there is an independent income to maintain the masjit and dargah, the applicants are granted interim protection in the following terms :-...” 4] The learned counsel appearing for the applicants submits that thereafter the applicants have attended the concerned police station and cooperated with the investigation. 4 905,961&964 5] Primarily, the allegation against the applicants is that the applicants have misutilized the collected amounts of the wakf property. 6] This court by order dated 24.03.2025 noticed that some of the applicants are Mutawalis and some are caretakers and the amounts were recovered for maintenance of Masjid and Dargah and that there are no funds available for maintenance of the same. That, the applicants are also residents of Biloli and are caretakers. All the applicants are associated with the Dargah. This court has primarily taken the view that, since, it is not shown that there is an independent income to maintain the Masjid and Dargah, the applicants have been granted interim protection. 7] The learned counsel for the applicants also produced some audit reports. He submits that the amounts collected are utilized for the Dargah and the Wakf Board is seized with the matter. 8] The learned counsel for the applicants submits that the applicants could explain the details of all the amounts collected to the Investigating Officer. The learned counsel also submits that the applicants would give proof of residence with their mobile number, which would not change without prior notice. 5 905,961&964 9] Considering the above and the reasons recorded while granting the interim order, the interim protection granted by order dated 24.03.2025 in ABA/426/2025, ABA/428/2025 and ABA/462/2025 stands confirmed, on the following terms: i] The applicants shall attend the police station as and when required by the Investigating Officer. ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court. 10] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled. 11] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail applications and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 6 905,961&964 12] In view of the above, ABA/568/2025 is also allowed on the same terms and conditions as recorded in the interim order dated 24.03.2025 and as mentioned above. 13] The applications stand disposed of. [ARUN R. PEDNEKER] JUDGE marathe