KVM 1/3 6 - ABA 2217 OF 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2217 OF 2026 SAIYED MOHAMMAD SHAZAR & ANR. ….. APPLICANTS VS STATE OF MAHARASHTRA ….. RESPONDENT ALONGWITH INTERIM APPLICATION NO. 2917 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO. 2217 OF 2026 MOHAMMAD AFZAL IQBAL HUSSAIN ….. INTERVENOR IN THE MATTER BETWEEN SAIYED MOHAMMAD SHAZAR & ANR. ….. APPLICANTS VS STATE OF MAHARASHTRA ….. RESPONDENT Adv. Anand A. Pande for the Applicants. Adv. Mohit Singh for the Intervenor. Mr. Ashok A. Gawai, APP for Respondent – State. Mr. N. T. More, PSI, Pydhonie Police Station, Mumbai present. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 24 TH AUGUST, 2026. P.C. :- 1) Heard learned counsel for the applicants as well as KANCHAN VINOD MAYEKAR Digitally signed by KANCHAN VINOD MAYEKAR Date: 2026.08.24 19:51:38 +0530 KVM 2/3 6 - ABA 2217 OF 2026.doc learned counsel for the respondent. 2) Considering the nature of allegations and the offence, the applicants seek leave to join the complainant as party as respondent no.2. Leave granted. Necessary amendment be carried out forthwith. 3) Learned advocate Mr. Mohit Singh appears on behalf of the complainant. 4) The applicants have filed the instant application seeking pre-arrest bail in Crime No. 0806 of 2026 registered with Pydhonie Police Station, Mumbai for the offence under Sections 3(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. 5) Learned counsel for the applicants states that despite allegations made by the complainant about failure of the applicants to return the amount of Rs.81 Lakhs out of Rs.93 Lakhs, the applicants have now returned an amount of Rs.81 Lakhs through a Demand Draft dated 13th August, 2026 to the complainant. He therefore states that the main grievance of the complainant about non receipt of the amount of Rs.81 Lakhs thus stands redressed. He therefore prays for interim protection in view of the bonafides shown. 6) Having regard to the nature of allegations against the applicants alleging failure to return an amount of Rs.81 Lakhs and considering the fact that the Demand Draft of Rs.81 Lakhs is given by KVM 3/3 6 - ABA 2217 OF 2026.doc the applicants to the complainant, the personal liberty of these applicants need to be protected by way of interim protection. 7) Hence, it is directed that the applicants shall not be arrested till the next date. However, the applicants are directed to extend co-operation to the Investigating Agency by attending the Police Station as and when called upon. 8) List the application for final disposal on 3rd September, 2026. [PRAFULLA S. KHUBALKAR, J.]