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2026 DAILYLAW 8492 (BOM)

ROSHAN AFZAL SHAIKH v. STATE OF MAHARASHTRA

ABA/957/2026 · 2026-09-16

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Judgment text

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22-ABA-957-2026.doc vaishnavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 957 OF 2026 Roshan Afzal Shaikh ...Applicant V/s. State of Maharashtra ...Respondent Mr. Anees Shaikh, for the Applicant. Mr. Bapu V. Holambe, APP for the Respondent – State. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 16 th SEPTEMBER , 2026. P.C. :- 1. Heard learned counsel for applicant as well as learned APP for respondent. 2. The applicant has filed the instant application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking pre-arrest bail in offence bearing Crime No. 603 of 2025 registered with Kandivali Police Station under Sections 318(4) and 62 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS). 3. Learned counsel for applicant points out that the offence came to be registered on the basis of the allegations by the Branch 1/3 22-ABA-957-2026.doc Manager of Muthut Finance Fincorp Limited alleging that this applicant along with one other person has attempted to pledge a chain by projecting it to be a golden chain and thereafter on suspicion it was found that the chain was not made from gold and in view of this attempt to obtain loan on the basis of the golden chain, the offence came to be registered. 4. It is pointed out that the said chain is already recovered and that the report about its genuineness is also obtained by the Investigating Officer and as such custody of this applicant is not required. It is stated that there are no criminal antecedents against this applicant. 5. Learned APP for respondent has opposed the application and submitted that there are allegations in the FIR regarding the conduct of this applicant and that, in order to ascertain the genuineness of the chain, which is recovered, further investigation is required. He, therefore, opposed the application. However, there is no dispute about contention that the applicant has attended the Police Station in accordance with the interim protection order dated 10th July 2026. 6. Perused the FIR and the documents placed on record. Considering the nature of offence and the fact that the chain is already 2/3 22-ABA-957-2026.doc recovered and the report about genuineness of the chain is also received by the Investigating Officer, the custodial interrogation of this applicant does not appear to be warranted. Further, considering the fact that there are no criminal antecedents against this applicant and he has not misused the interim protection granted by this court, the same needs to be confirmed on the same terms and conditions. 7. Accordingly, the interim protection granted on 10th July 2026 is confirmed, subject to modification of the condition about attendance to police station, by directing that the applicant shall attend the Police Station as and when called upon. 8. Anticipatory Bail is allowed and disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) 3/3