36-ABA-2028-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2028 OF 2026 Sattar Nannu Shaikh & Anr. …Applicants Versus The State of Maharashtra …Respondent Mr. Harsh Kashyap (through Video Conferencing), for the Applicants. Mr. S. V. Walve, APP, for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATED : 21st SEPTEMBER 2026 PC:- 1. Heard Mr. Kashyap, learned Counsel appearing for the Applicants and Mr. Walve, learned APP appearing for the Respondent-State. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail in connection with C.R. No.170 of 2026 registered with Bhosari MIDC Police Station, Pimpri-Chinchwad, Pune, for the offences punishable under Sections 331(4), 309(4), 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). Section 254 of the BNS Page 1 Sonali 36-ABA-2028-2026.DOC and Section 142 of the Maharashtra Police Act, 1951 have also been added subsequently. 3. It is the main submission of Mr. Kashyap, learned Counsel appearing for the Applicants that the only allegation against the Applicants is that they were involved in harbouring robbers or dacoits. The said offence is bailable. There are no criminal antecedents against the Applicants. 4. On the other hand, Mr. Walve, learned APP strongly opposes the Anticipatory Bail Application. He submits that the Applicants are involved in harbouring accused persons, who are involved in a serious crime. 5. The prosecution case is set out in paragraph No.2 of the order dated 18th June 2026, passed by the learned Additional Sessions Judge, Pimpri-Chinchwad, Pune, passed in Criminal Bail Application No.511 of 2026, which reads as under: “2. The First Information Report was lodged by the informant, Maina Arjun Gaysamudre, on 28/03/2026, alleging that on 28/03/2026 at about 3.00 a.m. two unknown persons allegedly Page 2 Sonali 36-ABA-2028-2026.DOC committed house breaking at her daughter’s residence and committed theft of cash worth Rs.15,300/- two mobile phones, gold mangalsutra worth Rs.25,000/-. Her daughter resisted the act. At that time one of the accused assaulted her with hand and fled away from the spot. The matter was reported to the police. The applicants are apprehending arrest at the hands of police and so they filed the present application for protection.” 6. Perusal of the record shows that the Applicants are not named in the FIR. No role is attributed to them in the FIR. 7. As far as the two accused who are involved in the crime of house trace-pass/house breaking and committing robbery and theft have already been arrested. 8. As far as the Applicants are concerned, the only allegation against them is that they harboured the main accused. The said offence is bailable offence. However, as the FIR has been registered under Sections Sections 331(4), 309(4), 305, 254 and 3(5) of the BNS and Section 254 of the BNS and Section 142 of the Maharashtra Police Act, 1951 have been added subsequently, the Applicants apprehend their arrest. However, even as per the prosecution case, the only allegation against the Applicants is that Page 3 Sonali 36-ABA-2028-2026.DOC they harboured the robbers, which is bailable offence. Even as per the prosecution case, the Applicants are not involved in the offence of robbery. 9. Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicants- Sattar Nannu Shaikh and Shahrukh Sattar Shaikh in connection with C.R. No.170 of 2026 registered with the Bhosari MIDC Police Station, Pimpri-Chinchwad, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.30,000/- each with one or two solvent sureties each in the like amount. (b) The Applicants shall attend the concerned Police Station twice in a month i.e. on 1st and 3rd Monday between 11:00 a.m. to 02:00 p.m. till conclusion of the trial. (c) The Applicants shall furnish their cell phone number Page 4 Sonali 36-ABA-2028-2026.DOC and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. 10. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 5 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.23 10:49:14 +0530