Abdul Qadir Shaikh v. State of Maharashtra

Bombay HC9 Jan 2026ABA/57/2026

Case brief

AI extract

What is this about?

Anticipatory bail granted; High Court of Judicature at Bombay, Criminal Appellate Jurisdiction; Anticipatory Bail Application No.57 of 2026; Abdul Qadir Shaikh v. The State of Maharashtra; Coram N.R. Borkar J.; decided 02 February 2026; Crime No.510 of 2025, Kashigaon Police Station; Sections 332, 351(2), 356(2) and 308(2), Bharatiya Nyaya Sanhita 2023; extortion; Accused No.2; main allegations against Accused No.1; PR Bond Rs.25,000; cooperation with investigation.

What did the court decide?

Anticipatory bail: in the event of arrest in Crime No.510 of 2025 (Kashigaon Police Station), release on a PR Bond of Rs.25,000 with one or two sureties in the like amount, subject to attending the concerned Police Station as and when called by the investigating officer and cooperating in the investigation. ¶ORDER-i

Abdul Qadir Shaikh vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶ORDER-i

Issue for consideration

Whether the Applicant, apprehending arrest in Crime No.510 of 2025 registered with Kashigaon Police Station for offences punishable under Sections 332, 351(2), 356(2) and 308(2) of the Bharatiya Nyaya Sanhita, 2023, should be released on anticipatory bail.

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Court's answer

On perusal of the FIR and documents on record, the court found primafacie substance in the submissions of the Learned Counsel for the Applicant; the main allegations are against Accused No.1, and considering the facts and circumstances the court was inclined to release the Applicant on anticipatory bail.

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Ratio / Principle

The Anticipatory Bail Application is allowed; in the event of the arrest of the Applicant in Crime No.510 of 2025, he shall be released on bail on furnishing a PR Bond of Rs.25,000 with one or two sureties in the like amount.

¶ORDER-ii

Key takeaways

Release on anticipatory bail is conditioned on the Applicant attending the concerned Police Station as and when called for by the investigating officer and cooperating in the investigation.ratio¶ORDER-iii

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), N.R. Borkar J., 02 February 2026 — Anticipatory Bail Application No.57 of 2026 allowed. The Applicant (Accused No.2) apprehended arrest in Crime No.510 of 2025 registered with Kashigaon Police Station for offences punishable under Sections 332, 351(2), 356(2) and 308(2) of the Bharatiya Nyaya Sanhita, 2023. Prosecution case: Accused No.1, a tenant of the first informant, had demanded Rs.2,50,000/- to vacate the tenanted premises, and the Applicant was alleged to have extorted Rs.4900/- from the first informant to get the premises vacated. Perusing the FIR and documents, the court found primafacie substance in the Applicant's submissions, the main allegations being against Accused No.1, and directed that in the event of arrest the Applicant be released on a PR Bond of Rs.25,000 with one or two sureties in the like amount, conditioned on attending the concerned Police Station as and when called and cooperating in the investigation.

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1 113-ABA 57-26.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.57 OF 2026

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Abdul Qadir Shaikh … Applicant V/s. The State of Maharashtra … Respondent

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Mr. Edgar Kennedy Braganza a/w Edgar P. Braganza for the Applicant. Ms. Supriya Kak for the Respondent-State.

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CORAM : N.R. BORKAR, J. DATE : 02ND FEBRUARY 2026

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P.C. :

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Mentioned out of turn.

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Digitally signed by MUGDHA MUGDHA MANOJ MANOJ PARANJAPE PARANJAPE Date: 2026.02.28 12:30:54 +0530

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This is an Application for anticipatory bail.

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The Applicant is apprehending his arrest in Crime No.510 of 2025 registered with Kashigaon Police Station for the offences punishable under Sections 332, 351(2), 356(2) and 308(2) of the Bharatiya Nyaya Sanhita, 2023.

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The present Applicant is Accused No.2 in the present crime. It is the case of the prosecution that Accused No.1, who is a tenant of the first informant, had demanded Rs.2,50,000/- to vacate the tenanted premises. The allegations against the present Applicant are of extorting Rs.4900/from the first informant to get the said premises vacated from Accused No.1.

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Mugdha

2 113-ABA 57-26.doc

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

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Learned Counsel for the Applicant submits that the Applicant has nothing to do with the alleged crime. It is submitted that the dispute, if any, is between the first informant and Accused No.1. It is further submitted that amount of Rs.4,900/- was deliberately transferred to the account of the present Applicant and when he tried to return the amount, he found out that the account was deleted. It is submitted that there is no need of custodial interrogation and the Applicant is ready and willing to cooperate in the investigation. It is further submitted that there are no other criminal antecedents against the present Applicant.

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On the other hand, Learned APP for the Respondent-State submits that the Applicant is involved in a serious crime of extortion and cheating. It is submitting that considering the nature of crime, the Applicant may not be released on anticipatory bail.

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I have perused the FIR and the documents placed on record. Primafacie there appears to be substance in the submission of the Learned Counsel for the Applicant. The main allegations are against Accused No.1. Considering the facts and circumstances of the case, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

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ORDER

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i. The Anticipatory Bail Application is allowed.

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Mugdha

3 113-ABA 57-26.doc

ii. In the event of the arrest of the Applicant in Crime No.510 of 2025 registered with Kashigaon Police Station for the offences punishable under Sections 332, 351(2), 356(2) and 308(2) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/(Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

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iii. The Applicant shall attend the concerned Police Station as and when called for by the investigating officer and shall cooperate in the investigation.

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The Anticipatory Bail Application is disposed of in the aforesaid

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terms.

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Mugdha

Abdul Qadir Shaikh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Abdul Qadir Shaikh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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