Shabana W/O Aslam Shaikh and Another Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Shabana W/O Aslam Shaikh and Another Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection granted by order dated 18.01.2024 stands confirmed (anticipatory bail), subject to conditions: (i) attendance at the police station as and when required by the Investigating Officer; (ii) no tampering with prosecution evidence and no influencing of the informant/witnesses; (iii) co-operation with the investigation and proceedings before the trial Court; the protection is liable to be cancelled if any condition is violated.

Issue for consideration

Whether the applicants, who are apprehending arrest in connection with Crime No.771/2023 of Karjat Police Station, Ahmednagar (offences punishable under Sections 306, 324, 323, 504, 506 IPC), are entitled to anticipatory bail / confirmation of the interim protection already granted. +1 more

Court's answer

Since the investigation is over and the charge-sheet is filed, the interim protection granted by order dated 18.01.2024 stands confirmed, subject to conditions: (i) attendance at the police station as and when required by the Investigating Officer; (ii) no tampering with prosecution evidence and no influencing of the informant/witnesses; (iii) co-operation with the investigation and trial proceedings; the protection is liable to be cancelled if any condition is violated.

Ratio / Principle

Prima facie, the applicability of Section 306 of IPC to the facts of the instant case is doubtful, in view of the settled law laid down in Nipun Aneja and others v. State of Uttar Pradesh (Criminal Appeal No.654 of 2017, dated 03.10.2024).

Key takeaways

The observations made in this order are limited to the disposal of the present anticipatory bail application, and the trial Court shall proceed further in the matter without being influenced by them.obiter¶25

Detailed headnote1 paragraphs

Anticipatory Bail Application No. 71 of 2024 (Aurangabad Bench, Bombay High Court; Arun R. Pedneker, J.; 07.01.2025) — Applicants Shabana W/o Aslam Shaikh and Aslam S/o Popat Shaikh apprehended arrest in Crime No.771/2023 of Karjat Police Station, Ahmednagar, for offences punishable under Sections 306, 324, 323, 504, 506 IPC. The case against them was that they assaulted the deceased on 12.11.2023 on account of which he committed suicide; he consumed poison between the nights of 12.11.2023 and 13.11.2023 and passed away at about 09:15 a.m. on 13.11.2023. The Court held that, prima facie, the applicability of Section 306 IPC to these facts is doubtful in view of the settled law in Nipun Aneja and others v. State of Uttar Pradesh (Criminal Appeal No.654 of 2017, dated 03.10.2024). Since the investigation was over and the charge-sheet filed, the interim protection granted on 18.01.2024 was confirmed subject to conditions of attendance at the police station as required, non-tampering with evidence and non-influencing of witnesses, and co-operation with investigation and trial, with liberty for cancellation on violation. Observations were expressly confined to the disposal of the application, leaving the trial Court to proceed uninfluenced. Application disposed of.

2025:BHC-AUG:290

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

926 ANTICIPATORY BAIL APPLICATION NO. 71 OF 2024

SHABANA W/O ASLAM SHAIKH

ASLAM S/O POPAT SHAIKH VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr. Sayyed Tauseef Yaseen APP for Respondent/State: Mr. N. B. Patil

CORAM : ARUN R. PEDNEKER, J. DATE : 07^th JANUARY, 2025

PER COURT:

1] Heard learned counsel for the applicants and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.771/2023, registered at Karjat Police Station, Ahmednagar, for the offences punishable under Sections 306, 324, 323, 504, 506 of IPC.

3] This court by interim order dated 18.01.2024 has protected the applicants. It is stated that the investigation in the matter is over and the charge-sheet is filed.

The case against the applicants is that they have assaulted the deceased on 12.11.2023 on account of which he has committed suicide.

Prima facie, it appears that there was some kind of relations of the deceased with applicant no.1, on account of which

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there was some dispute between the deceased and the applicant and on 12.11.2023 there was some scuffle cum assault on the deceased by the applicants. On 13.11.2023 from the statement of the mother of the deceased it appears that the deceased had asked her some money at 08:00 p.m. for consuming alcohol and she having refused to give money. Between night of 12.11.2023 and 13.11.2023, it appears that the deceased had consumed poison and he passed away in the morning hours at about 09: 15 a.m., on 13.11.2023.

4] Prima facie, the applicability of Section 306 of IPC to the facts of the instant case is doubtful in view of the settled law as laid down in the case of Nipun Aneja and others Vs. State of Uttar Pradesh, in Criminal Appeal No.654 of 2017, dated 03.10.2024 .

5] Considering that the investigation is over and the chargesheet is filed, the interim protection granted by order dated 18.01.2024 stands confirmed, on the following terms:

i] The applicants shall attend the police station as and when required by the Investigating Officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

6] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.

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7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER, J.]

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