01-ABA-2217-2026.odt Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2217 OF 2026 Saiyed Mohammad Shazar And Anr. ...Applicants V/S. State Of Maharastra And Anr. ...Respondents _____________________________________________________________ Adv. Anand Pandey , for the Applicant. Adv Ashok Gawai, APP for the Respondent – State. Adv Mohit Singh a/w Adv. Ritik Prasad for Respondent No.2. PSI Sachin Lahamage, Pydhoine Police Station, is present. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 10TH SEPTEMBER, 2026. P.C. :- 1. Heard Advocate Anand Pandey, learned counsel for the Applicant, Advocate Ashok S. Gawai, learned APP for the Respondent-State, and Advocate Mohit Singh for Respondent No. 2. 2. The applicant is seeking pre-arrest bail in connection with Crime No. 806 of 2026 dated 18.07.2026 registered with Pydhonie Police Station, Mumbai, for the offence punishable under Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The First Information Report (FIR) came to be registered on the basis of a report lodged by the complainant, alleging that the applicants had represented to him that they were the owners of certain immovable property and 1/4 01-ABA-2217-2026.odt they agreed to sell the property to the complainant for Rs. 93,00,000/-. It is alleged that after payment of Rs. 93,00,000/- was made by the complainant, it was revealed that the said property was in the possession of Cosmos Co-operative Bank Ltd. and the applicants had no authority to sell the property. It is alleged that, on questioning in this regard, the applicants returned an amount of Rs. 12,00,000/- to the complainant; however, they failed to return an amount of Rs. 81,00,000/- and, therefore, it is alleged that the applicants have cheated the complainant and committed the offence. 4. Learned counsel for the applicants submits that there was no intention on the part of the applicants to commit any offence of cheating. He submits that, after realizing that the transaction could not materialize, the applicants had earlier returned an amount of Rs. 12,00,000/- to the complainant and have now also returned an amount of Rs. 81,00,000/- to the complainant through a demand draft dated 13.08.2026. He thus submitted that the main grievance of the complainant about non-receipt of the amount of Rs. 81,00,000/-is redressed and there is no wrongful gain to the applicant. 5. Apart from this, he submits that, considering the bona fide conduct of the applicants, who have repaid the amount of Rs. 81,00,000/-, this Court has granted interim protection by order dated 24.08.2026, which has not been misused by them. He also submitted that the applicants have attended the police station on several occasions and are ready to extend cooperation. 6. Although the application is opposed by learned APP and learned counsel for Respondent No. 2, it is not disputed that Respondent No. 2 has 2/4 01-ABA-2217-2026.odt received an amount of Rs. 81,00,000/- through a demand draft dated 13.08.2026. Learned counsel for Respondent No. 2 categorically states that the complainant has received the entire amount from the applicants. 7. Perused the FIR and the documents placed on record. It is crucial to note that although the complainant has levelled allegations against the applicants alleging ‘cheating’ on account of failure to return the amount of Rs. 81,00,000/- however, the said amount is now returned by the applicants. As such, as of now, there is no need for custodial interrogation of the applicants. In view of the fact that the applicants have attended the police station on several times and have not misused the liberty granted by this Court, the interim protection granted by this Court by order dated 24.08.2026 needs to be confirmed, subject to certain conditions. 8. Hence, I pass the following order. ORDER : (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicants in Crime No. 806 of 2026 dated 18.07.2026 registered with Pydhonie Police Station, Mumbai, for the offence punishable under Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, they be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty-Five Thousand only) with one solvent surety of the like amount. 3/4 01-ABA-2217-2026.odt (iii) The applicants shall extend cooperation during investigation and trial. (iv) The applicants shall not leave India without seeking prior permission from this Court. 9. Accordingly, the Anticipatory Bail Application is allowed in the above terms. (PRAFULLA S. KHUBALKAR, J.) 4/4