SHAIBAZ MOHAMMAD KHALIK KHAN v. STATE OF MAHARASHTRA
ABA/1498/2026 · 2026-09-24
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11064 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11064 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2-aba1498-26.doc vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1498 OF 2026 Shaibaz Mohammad Khalik Khan ...Applicant V/s. State of Maharashtra ...Respondent Mr.Taraq Sayed for the Applicant. Mr.Bapu V. Holambe Patil, APP for the Respondent – State. Mr.G.P. Waikar, PSI, Byculla Police Station is present in Court.
CORAM : PRAFULLA S. KHUBALKAR
, J.
DATE : 24TH SEPTEMBER
, 2026.
P.C. :-
1. Heard learned counsel for applicant as well as learned APP for respondent-state.
2. The applicant is apprehending arrest in Crime Register No.215 of 2026, registered with Byculla Police Station, for the offences punishable under Sections 118(2), 115(2), 324, 352, 351(2) read with 3(5) of the Bhartiya Nyaya Sanhita,2023 and hence the applicant has filed instant application under Section 482 Bhartiya 1/3 VASANT ANANDRAO IDHOL Digitally signed by VASANT ANANDRAO IDHOL Date: 2026.09.24 19:44:16 +0530
2-aba1498-26.doc Nyaya Surksha Sanhita, 2023.
3. The FIR is registered on the basis of the report lodged by the complainant alleging that on 18th April, 2026 at about 9:00 p.m. when the informant was going by his motor car, water from the car tyre splashed over the accused persons and on account of that there was a quarrel in which the co-accused Soheb assaulted the informant by Wooden bamboo. On the basis of the allegations about the incidence, instant FIR came to be registered against four persons including this applicant, who is arraigned as accused no.2.
4.
Learned counsel for applicant submits that there is no allegation of attack by this applicant by use of any weapon. Apart from this he points out that the applicant is accused No. 2 in the crime and the other accused persons are already released on regular bail by the learned Sessions Court. It is submitted that the investigation of the crime is already complete, the injured person is already discharged and the charge-sheet is filed against the other accused persons. It is submitted there are no criminal antecedents and even the role attributed to this applicant is not serious as compared to the role attributed to the other accused persons. The applicant has also expressed readiness to co-operate with the investigating agency. It is also submitted that in accordance with the interim protection order, 2/3
2-aba1498-26.doc the applicant has attended the Police Station and therefore the interim protection be confirmed.
5. Although the application is opposed by learned APP by pointing out that there are allegations in the FIR regarding role of each of the accused persons, it is not disputed that the charge-sheet is already filed against other accused persons. It is also not disputed that in accordance with the interim protection order, this applicant has attended the Police Station.
6. Considering the fact that the investigation is complete and the bail has been granted to other co-accused persons and further considering the fact that the applicant has attended the Police Station in accordance with the interim protection order, the interim protection is confirmed with modification of the condition of the attendance of the Police Station and it is directed that the applicant shall attend the Police Station as and when called upon.
7. The anticipatory bail application is allowed and disposed of.
(PRAFULLA S. KHUBALKAR, J.) 3/3