904-ABA-2537-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2537 OF 2026 Sabir Husain Badashah Apasi …Applicant Versus The State of Maharashtra …Respondent Adv. M. Taha Khan, for Applicant. Mr. Ashok S. Gawai, A.P. P., for Respondent – State. PSI Dhananjay Vyavhare (I.O.) and PSI Ashok Jadhav, Dongri Police Station, Mumbai, are present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 22ND SEPTEMBER 2026 P. C:- 1. Heard learned counsel for applicant as well as learned APP for respondent – State. 2. The applicant has filed instant application under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with Crime No. 367 of 2026 dated 01.06.2026, registered with Dongri Police Station, Brihanmumbai, for the offence punishable under Section 305 of The Bharatiya Nagarik Suraksha Sanhita, 2023. 3. The FIR is registered on the basis of a report lodged by the complainant alleging that on 29th May 2026 at about 12 noon to 22nd September 2026 904-ABA-2537-2026.ODT 12:10 p.m. one person has entered in his shop and has stolen an amount of Rs. 48,000/- from the counter. On the basis of this report, FIR came to be registered against an unknown person. 4. Learned counsel for applicant submits that this applicant is not named in the FIR and the only allegations against this applicant is receipt of an amount of Rs. 24,000/- from his son, who is alleged to be involved in the act of theft. He submits that there is nothing to show that this applicant had any knowledge about the amount of Rs. 24,000/- being proceeds of crime. 5. He submitted that considering the nature of offence and the nature of allegations, this Court has earlier granted interim protection in favour of the applicant vide order dated 8th September 2026 and accordingly the applicant has attended the police station and extended co-operation. He also submits that the chargesheet is filed and custody of this applicant is not warranted and therefore, prays for confirmation of the interim protection. 6. Application is opposed by the learned APP for the respondent – State and it is pointed out that the son of this applicant has been involved in the act of theft, but it is not disputed that the applicant has attended the police station in 22nd September 2026 904-ABA-2537-2026.ODT accordance with the interim protection order and further that the chargesheet has already been filed. 7. Perused the FIR and the documents filed on record. It has to be noted that the applicant is not named in the FIR and there is nothing to show that he had knowledge about the amount of Rs. 24,000/- being proceeds of crime. It appears that the offense was registered against an unknown person and during investigation the name of applicant’s son got involved. There is no material to show involvement of this applicant in the offence of theft or having knowledge about the proceeds of crime. Considering the nature of offence and the allegations against this applicant, the custodial interrogation of this applicant is not warranted. It has to be noted that there is nothing to be recovered from this applicant and his presence can be secured by directing him to attend the police station whenever required. 8. Having regard to the fact that the applicant has not misused the interim protection granted by this court, the same needs to be confirmed. 9. Hence, I pass the following order :- 22nd September 2026 904-ABA-2537-2026.ODT ORDER (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of this applicant in connection with Crime No. 367 of 2026 registered with Dongri Police Station, Brihanmumbai, for the offence punishable under Section 305 of The Bharatiya Nyaya Sanhita, 2023, he 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. (iii) The applicant is directed to attend the Police Station as and when called upon by the investigating agency. (iv) The applicant is directed to extend co- operation during investigation and trial. (v) Breach of any of these conditions, shall be a ground for cancellation of the bail. 10. Anticipatory Bail Application is disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 22nd September 2026