Mohammad Jameel Ishq Khan vs Angeline Babu Ninima — Bombay HC (2026) — LawSathi Research

Mohammad Jameel Ishq Khan vs Angeline Babu Ninima — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the Applicant: the Application for cancellation of anticipatory bail was held not entertainable in absence of any evidence against Respondent Nos.1 to 5 and 7 to 9 and was disposed of in the aforesaid terms. Liberty granted to the Applicant to challenge or object to the investigating officer's report dated 27th January 2026 in the appropriate proceedings. Application stands abated to the extent of deceased Respondent No.6.

Issue for consideration

Whether the Application for cancellation of anticipatory bail granted to Respondent Nos.1 to 9 can be entertained in the absence of any evidence against Respondent Nos.1 to 5 and 7 to 9. +1 more

Court's answer

In absence of any evidence against respondent Nos. 1 to 5 and 7 to 9, the present Application for cancellation of anticipatory bail cannot be entertained.

Ratio / Principle

Whether respondent Nos. 1 to 5 and 7 to 9 can be exonerated and made witnesses in view of this Court's order dated 11th February 2025 in Anticipatory Bail Application No.3385 of 2024 is an aspect that cannot be examined in the present proceedings for cancellation of anticipatory bail.

Key takeaways

Liberty is granted to the Applicant to challenge or object to the investigating officer's report dated 27th January 2026 in the appropriate proceedings.ratio¶4
On the death of Respondent No.6 on 23rd January 2026, the Application stands abated to the extent of Respondent No.6.ratio¶2

Detailed headnote1 paragraphs

Application (Criminal Application No.482 of 2025) by Mohammad Jameel Ishq Khan for cancellation of anticipatory bail granted to Respondent Nos.1 to 9 by the learned Sessions Court by order dated 12th September 2025 in Anticipatory Bail Application No.1243 of 2025. Respondent No.6 expired on 23rd January 2026; the Application stands abated to the extent of Respondent No.6. By report dated 27th January 2026 (taken on record and marked 'X' for identification) the investigating officer stated that, the investigation being ongoing, no evidence was found against Respondent Nos.1 to 5 and 7 to 9 and the prosecution had decided to make them witnesses. The Applicant relied on the order dated 11th February 2025 of this Court in Anticipatory Bail Application No.3385 of 2024 to contend that Respondent Nos.1 to 5 and 7 to 9 could not be exonerated or made witnesses; the Court held that this aspect cannot be examined in proceedings for cancellation of anticipatory bail and granted the Applicant liberty to challenge or object to the report in the appropriate proceedings. Held, in absence of any evidence against Respondent Nos.1 to 5 and 7 to 9, the Application for cancellation of anticipatory bail cannot be entertained; disposed of. (N.R. Borkar, J.)

1 10-APPLN 482-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.482 OF 2025

Mohammad Jameel Ishq Khan … Applicant V/s. Angeline Babu Ninima & Ors. … Respondents

Mr. Arjun Wadkar & Shabana Salmani for the Applicant. Mr. Ramnath V. Kini for Respondent Nos.1 to 9. Mr. B. V. Holambe Patil, APP for Respondent No.10-State. PSI Sunil Sonawane, Pairavi, Charkop PS is present.

CORAM : N.R. BORKAR, J. DATE : 27TH JANUARY 2026

P.C. :

This is an Application for cancellation of anticipatory bail granted to Respondent Nos.1 to 9 by the Learned Sessions Court vide order dated 12^th September 2025 in Anticipatory Bail Application No.1243 of 2025.

Learned Counsel for Respondent Nos.1 to 9 submits that Respondent No.6 has expired on 23^rd January 2026. Thus the Application stands abated to the extent of Respondent No.6.

Learned APP for the Respondent-State has tendered the report dated 27^th January 2026 received from the investigating officer in the present crime. The said report is taken on record and marked ‘X’ for the purpose of identification. Learned APP submits that though the investigation is going on till date no evidence is found against Respondent

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Nos.1 to 5 and 7 to 9 in respect of their involvement in the alleged crime. It is submitted that, thus, the prosecution has decided to make them witness.

Learned Counsel for the Applicant has drawn my attention to the order passed by this Court dated 11^th February 2025 in Anticipatory Bail Application No.3385 of 2024. It is submitted that in view of the observations made by this Court in the said order, respondent Nos. 1 to 5 and 7 to 9 cannot be exonerated and they cannot be made witness. The said aspect cannot be examined in the present proceedings for cancellation of anticipatory bail. However, liberty is granted to the Applicant to challenge or object to the said report in the appropriate proceedings.

In absence of any evidence against respondent Nos. 1 to 5 and 7 to 9, the present Application for cancellation of anticipatory bail cannot be entertained.

The Criminal Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)

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