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2026 DAILYLAW 1221 (BOM)

SOHEL ALI AIJAZ ALI v. THE STATE OF MAHARASHTRA THR PSO., SHEGAON CITY, TQ. SHEGAON DIST. BULDHANA AND ANR

APPA/377/2026 · 2026-05-27

Shri Raj D Wakode

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 19. Cri. APPA No.377 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.377 OF 2026 IN CRIMINAL APPEAL NO.255 OF 2026 Sohel Ali Aijaz Ali Vs. The State of Maharashtra and ors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. V. B. Bhise, Advocate for applicant/appellant. Mr. S. B. Bissa, AGP for non-applicant/State. CORAM: RAJ D. WAKODE, J. DATED : 27 th MAY, 2026 1. Heard Shri Bhise, learned counsel for the applicant. 2. The applicant has approached this Court being aggrieved by the impugned order dated 18.05.2026 passed by the learned Additional Sessions Judge, Khamgaon, in Anticipatory Bail Application No.168 of 2026. 3. The applicant apprehends his arrest in connection with Crime No.0261 of 2026 registered on 24.04.2026 with respondent No.1– Police Station Shegaon, District Buldhana for the offences punishable under Sections 3(1)(r), 3(1)(s) and Section 3(2)(va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, as well as Sections 296 and Section 351(2) of Bharatiya Nyaya Sanhita, 2023. 2 19. Cri. APPA No.377 of 2026.odt 4. The contention is that the learned Sessions Court has rejected the aforesaid anticipatory bail application solely on the ground that there is a bar under Section 18 of the aforesaid Atrocities Act. 5. The recitals of the FIR reveal that there is a matrimonial dispute between applicant and Ms. Nabilabi d/o. Sheikh Akbar Sheikh Imam, who is the wife of the applicant. The complainant herein claims to be a friend of the father-in-law of the present applicant and according to the complainant, when he intervened in the aforesaid matrimonial dispute between Ms. Nabilabi d/o Sheikh Akbar Sheikh Imam and the applicant, the aforesaid offence was committed. 6. The prosecution, in their reply before the learned Sessions Court, could not point out a single reason as to why the custody of the present applicant is required in investigating the present offence. 7. Perusals of the FIR reveal that the applicant, prima facie, appears to have been implicated in the present offence because of the matrimonial dispute with the daughter of the friend of the complainant. 8. In view of the above and for the reasons stated, I am inclined to grant interim protection to the present applicant and accordingly pass the following order:- -:O R D E R:- i. Issue notice to the non-applicants, returnable on 15.06.2026. 3 19. Cri. APPA No.377 of 2026.odt ii. Shri Bissa, learned APP waives service of notice on behalf of Non-applicant No.1. iii. In the event of arrest in connection with Crime No.0261 of 2026 registered with Police Station Shegaon, District Buldhana on 24.04.2026 for the offences punishable under Section 3(1)(r), 3(1)(s) and Section 3(2)(va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, as well as Sections 296 and Section 351(2) of Bharatiya Nyaya Sanhita, 2023, the applicant shall be released on ad-interim anticipatory bail on furnishing PR Bond of Rs.25,000/- with one solvent surety in the like amount. iv. The applicant is directed to attend respondent No.1-Police Station on every Monday and Friday between 11 A.M. and 1 P.M. v. The applicant is directed to co-operate with investing agency and shall not tamper with the prosecution evidence or influence the witnesses, directly or indirectly. vi. The applicant shall not leave India without prior permission of this Court. (RAJ D. WAKODE J.) T αɳɱαყ...