Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 9513 (BOM)

SADIK ALI YUSUF SAYYED v. STATE OF MAHARASHTRA

BA/3514/2026 · 2026-09-21

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.BA.3514.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3514 OF 2026 Sadik Ali Yusuf Sayyed .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Sumeet Gemnani, Advocate for Applicant.  Mr. Yogesh M. Nakhwa, APP for Respondent – State.  PSI – Mr. Prasad Randive, Bhadrakali Police Station present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 21, 2026. P.C.: 1. Heard Mr. Gemnani, learned Advocate for Applicant and Mr. Nakhwa, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail in connection with C.R.No.6 of 2025 registered with Bhadrakali Police Station, District Nashik for the offences punishable under Sections 309(4), 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 3. Applicant is indicted in a crime for committing robbery. The incident which occurred on 03.01.2025 when two unknown persons riding on a motorcycle attempted to commit robbery and snatched the 1 of 4 14.BA.3514.2026.doc gold chain (eaxGlq=) of Complainant in a busy marketplace and fled with the same. For almost more than one full year, the police and the prosecution machinery were unable to trace the culprits. Applicant was arrested on 02.02.2026 i.e. 14 months later and indicted as an accused in the present crime only on the ground of his antecedents. He has not been identified nor TIP has been conducted. Prior to Applicant's arrest, he has been mercilessly beaten by the police against which he has filed a complaint against the police and cognizance of the same has already been taken by the concerned Principal District and Sessions Judge. 4. Insofar as Applicant's complicity in the present crime is concerned, there is nothing placed before me to show that Applicant has committed the present crime. The only argument advanced by the learned prosecutor is that Applicant is having pending antecedents and therefore he has been arrested on the basis of recovery made by the police with regard to the gold chain which was snatched by Applicant. 5. Considering the aforesaid timeline and no justification for the police arresting the Applicant after a humongous period of 14 months and no prima facie material being shown to me, Applicant has made out a case for grant of bail. 6. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the 2 of 4 14.BA.3514.2026.doc following terms and conditions:- (i) Applicant – Sadik Ali Yusuf Sayyed is directed to be immediately released from prison in connection with CR. No.6 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Bhadrakali Police Station, once every month, on the first Sunday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or 3 of 4 14.BA.3514.2026.doc tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 7. 7. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 8. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.21 20:15:50 +0530