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2026 DAILYLAW 2949 (BOM)

SHAIKH AZHAR SHAIKH BABU v. THE STATE OF MAHARASHTRA

BA/728/2026 · 2026-07-31

Shri Abhay S Waghwase

body2026

Judgment text

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BA-728-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 728 OF 2026 Shaikh Azhar Shaikh Babu ... Applicant Versus The State of Maharashtra, Through Police Inspector, Shivajinagar Police Station, Beed. ... Respondent ….. Mr. Sayyed Tauseef Yaseen, Advocate for the Applicant. Mr. A. B. Girase, PP for the Respondent-State. ..… CORAM : ABHAY S. WAGHWASE, J. Reserved on : 29.07.2026 Pronounced on : 31.07.2026 ORDER :- 1. Applicant seeks grant of regular bail on account of his arrest in crime no. 544 of 2025 of registered at Shivajinagar Police Station, District Beed, for offences punishable under Sections 61, 198, 199, 316(2), 316(5), 318(4), 336(3), 338, 340(2), 351(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS), Sections 7 and 13 of the Prevention of Corruption Act, 1988 and Sections 14 and 34 of the Arbitration and Conciliation Act, 1996. 2026:BHC-AUG:32269 BA-728-2026 -2- 2. Bail is urged on the ground that applicant is falsely involved. That, he was mere a computer operator and he was not involved decision making or in the process of passing award. In the capacity of computer operator, he merely complied with the orders and award. That, investigation is over and no recovery is to be made, and as chargesheet is already filed, bail is urged for. 3. Learned PP pointed out that, investigation revealed revenue staff to be involved in the above offence. However, learned PP fairly submitted that applicant was mere computer operator and he was not involved in any decision making process. It is also admitted that, as regards to him, there is no recovery or discovery and chargesheet is already filed against him. 4. After considering the above submissions and on going through the FIR dated 19.11.2025, it emerges that the same is at the instance of one Satish Vasant Dhumal, who is Deputy Collector, Land Acquisition. Substance of the FIR is that, inspection and verification revealed that, for a period from 24.04.2025 to 15.11.2025, in all 10 persons named in the FIR had indulged in the process of award on acquisition of land of various gat numbers, and without any actual proceedings, or involvement of parties, awards have been passed and BA-728-2026 -3- excessive amounts are awarded by committing forgery and fabricating documents. Thereby, there is loss to the Government to the tune of over Rupees 73.4 crore and on above report, crime is registered for above offences. 5. Papers show that, initially attempt was made to seek bail, but when disinclination was shown by this Court on 11.02.2026, said application was withdrawn as chargesheet was not filed. Now chargesheet is filed. Investigation is over. Applicant was said to be on contract basis and working as a computer operator. Statement is made across the bar that he was not involved in the process of decision making or passing award. Even learned PP conceded to such position. In view of the same, when no further recovery or discovery is to be made, applicant deserves relief as prayed for. Hence, I proceed to pass the following order: ORDER I. The application is allowed. II. Applicant Shaikh Azhar Shaikh Babu be released on bail in connection with Crime No. 544 of 2025 registered at Shivajinagar Police Station, District Beed, on executing Personal Bond of Rs.15,000/- with one surety in the like amount, on the following conditions : BA-728-2026 -4- [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [c] The applicant shall regularly attend each and every effective date before the trial court. III. The Bail Application is accordingly disposed off. [ABHAY S. WAGHWASE, J.] vre