Arbaz Rafique Shaikh v. State of Maharashtra and Anr.
Case brief
What is this about?
Bombay High Court, Criminal Appeal No. 185 of 2026, R.M. Joshi J., decided 23.02.2026. Appeal u/s 14A SC/ST (Prevention of Atrocities) Act, 1989 against rejection of pre-arrest bail (Crl. Bail Appln. 693/2026) by Special Court on 11.02.2026 without prima facie findings; Special Court had relied on Smt. Vidadalal Rajani v. State of A.P., 2025 SCC Online AP 3404. Order set aside; application remanded/relegated to Special Court for fresh decision within 4 weeks; interim protection per prayer clause (A) for 6 weeks. Facts noted: informant major; consensual relationship of at least 2 years, re-established after Appellant's oral statement to break engagement; dispute framed by Respondents as false promise of marriage. Merits expressly left open.
What did the court decide?
Appeal allowed; impugned order set aside; Criminal Bail Application No. 693 of 2026 relegated back to the Special Court for fresh decision within 4 weeks; interim protection to the Appellant in terms of prayer clause (A) for 6 weeks.