Sheikh Azharuddin @ Ajju Sheikh vs the State of Maharashtra Thr Pso, Ps Pandharkawada Dist. Yavatmal — Bombay HC (2025) — LawSathi Research

Sheikh Azharuddin @ Ajju Sheikh vs the State of Maharashtra Thr Pso, Ps Pandharkawada Dist. Yavatmal — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad interim anticipatory bail: in the event of arrest in Crime No.806/2025 (Police Station Pandharkawada, District Yavatmal), release on P.R. Bond of Rupees Twenty Five Thousand with one surety in the like amount, subject to conditions of not tampering with prosecution evidence and not pressurizing or threatening prosecution witnesses; interim protection in force till the next date of hearing (notice returnable 28.11.2025).

Issue for consideration

Whether the applicant, apprehending arrest in Crime No.806/2025 (Police Station Pandharkawada, District Yavatmal) for offences punishable under Sections 308(2), 308(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, is entitled to anticipatory bail.

Court's answer

Ad interim anticipatory bail granted to the applicant, the Court taking into account the allegations made against him and the fact that the F.I.R. was lodged after 8 months.

Ratio / Principle

In the event of arrest of the applicant in connection with Crime No.806/2025 registered with Police Station Pandharkawada, District Yavatmal, he is to be released on bail on furnishing a P.R. Bond of Rupees Twenty Five Thousand with one surety in the like amount.

Key takeaways

Condition of release: the applicant shall not in any way tamper with the prosecution evidence.ratio¶22
Condition of release: the applicant shall not pressurize or threaten the prosecution witnesses.ratio¶23
The interim protection shall remain in force only until the next date of hearing.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail - ad interim protection granted - Bombay High Court, Nagpur Bench, Criminal Application (ABA) No. 865/2025 - applicant apprehending arrest in Crime No.806/2025, Police Station Pandharkawada, District Yavatmal, for offences under Sections 308(2), 308(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 - allegations of extortion from persons transporting cattle to Telangana (Rs.2,000/- per vehicle initially, thereafter Rs.4,000/- per vehicle; Rs.40,000/- transferred to an accused's account; amounts in lakhs paid from January 2025 to May 2025), with alleged involvement of police official Sandip Mupidwar - F.I.R. lodged after about 8 months weighed with the Court - applicant directed to be released on P.R. Bond of Rs.25,000 with one surety in the event of arrest - conditions: no tampering with prosecution evidence, no pressurizing or threatening prosecution witnesses - interim protection in force till the next date of hearing (notice returnable 28.11.2025).

1 5.aba.865.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (ABA) NO. 865/2025

Sheikh Azharuddin @ Ajju Sheikh Hafijoddin

Vs.

The State of Maharashtra

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

Mr. V. R. Hamand, Advocate for the Applicant. Mr. U. R. Phasate, A.P.P. for the Non-applicant/State.

CORAM : MRS.VRUSHALI V. JOSHI,J. DATED : 19/11/2025.

. Heard.

Issue notice to the non-applicant, returnable on 28.11.2025.

The learned A.P.P. waives service of notice for non-applicant/State.

The applicant is apprehending arrest in Crime No.806/2025 for the offence punishable under Sections 308(2), 308(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

It is alleged that the applicant and the other coaccused along with Sandip Mupidwar who is police official have been threatening the complainant and their colleagues and thereby extorted amount of Rs.2,000/- per vehicle initially and thereafter Rs.4,000/- per vehicle to pass their vehicles containing cattle to Telangana State. It is alleged that they gave threats to destroy their vehicles if the amount is not given. The complainant has transferred amount of Rs.40,000/- in the account of one of the accused. The complainant and his colleagues being threatened they have given amount in lacks by transferring the amount in the bank of the accused persons from the

2 5.aba.865.25

period of January 2025 to May 2025. On the basis of these allegations, above said crime is registered.

Learned counsel for the applicant has stated that though the allegations are made that since January 2025 the offence took place, crime is registered after 8 months. From the F.I.R. it appears that it is the business transaction and not extortion. The trial Court had granted interim protection and thereafter rejected the application.

Considering the allegations made against the applicant and after 8 months the F.I.R. was lodged the applicant is protected by granting ad interim anticipatory bail.

i) It is directed that in the event of arrest of the applicant in connection Crime No.806/2025 registered with Police Station Pandharkawada, District Yavatmal, for the offence punishable under Sections 308(2), 308(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 the applicant shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand with one surety in the like amount.

ii) The applicant shall not in any way tamper with the prosecution evidence.

iii) The applicant shall not pressurize or threaten the prosecution witnesses.

This interim protection shall remain in force till the next date of hearing.

(MRS. VRUSHALI V. JOSHI, J.)

RGurnule

Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 19/11/2025 16:21:12