Shaikh Aslam Shaikh Nazeer vs State Of Maharashtra

2025:BHC-AS:38314 909 2484.2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Digitally signed by

ARJUN ARJUN VITTHAL ANTICIPATORY BAIL APPLICATION NO.2484 OF 2025 VITTHAL KUDHEKAR KUDHEKAR Date: 2025.09.15 Shaikh Aslam Shaikh Nazeer ...Applicant 23:22:31 +0530 Versus State of Maharashtra ...Respondent

Mr. Mujahid Ansari, Advocate for Applicant. Mr. A.R. Metkari, APP for the State. API, Mr. Dnyaneshwar Thorat, Malegaon City Police Station.

CORAM: MADHAV J. JAMDAR, J.

DATED : 12th September 2025 P.C.:

1. Heard Mr. Ansari, learned Counsel appearing for the

Applicant and Mr. Metkari, learned APP for the State.

2. The Applicant is seeking pre-arrest bail in connection with

C.R. No.289 of 2024, registered with Malegaon City Police Station,

District-Nashik for the offences punishable under Sections 109(1),

118(2), 189(2), 189(4), 190, 191(3), 351(3), 352, 238 of the

Bharatiya Nyaya Sanhita, 2023 ("B.N.S.").

3. As per the prosecution case, the incident took place on 24 th

November 2024 at about 7.30 p.m.. The Informant and his other

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relatives were waiting for auto-rickshaw near the house of his

maternal uncle, and at that time all the Accused, who are known

to the First Informant- Shaikh Arbaz Shaikh Hamid assaulted him

by means of sharp edged weapon. It is further case of the

prosecution that Accused- Wasim Shaikh Ismail assaulted the

Informant with sharp weapon and Accused- Shaikh Akram Shaikh

Khatik assaulted the First Informant on his back with iron rod and

Accused-Shaikh Aslam Shaikh Nazeer i.e. the present Applicant

threatened the informant that they would kill the informant by

firing a bullet. It is further alleged that all the Accused assaulted

the First Informant by first and kick blows and abused and

threatened him.

4. The medical papers shows that the injury is on very vital

part of the body i.e. head. There are about 9 antecedents against

the Applicant. The details of the same are set out in paragraphs 10

and 11 of the Order dated 24th June 2025 passed by the learned

Additional Sessions Judge, Malegaon, District-Nashik in Bail

Application No. 431 of 2025 filed by the present Applicant. The

said paragraphs read as under :

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"10. The photographs and medical papers submitted by the learned Advocate for informant alongwith application at Exh-7 prima facie shows that the injured has sustained injuries on head and other parts of his body. The injuries appears to be severe injuries. In the say of I.O., he has given the list of crimes registered against the applicant-accused. It is as under :

Sr. Name of Police C.R. No. Sections No. Station 1. Malegaon City 87/2023 386, 387, 143, 147, 148,149 r/w 4/25 of Indian Arms Act. 2. Pawarwadi 23/2023 326, 324, 506 r/w 34 of IPC.

11. In the written say of informant at Exh.6, he has given the list of crimes registered against the applicant-accused. It is as under:

Sr. Name of Police C.R. No. Sections No. Station 1. Chavani 280/2016 457, 380 of IPC 2. Malegaon City 78/2018 324, 504, 506 of IPC 3. Ramjanpura 01/2023 12(A) of Maharashtra Prevention of Gambling Act 4. Pawarwadi 23/2023 326, 324, 506 r/w 34 of IPC. 5. Malegaon City 87/2023 387, 386, 143, 147, 148, 149 120b, 427 of IPC, Section 4/25 of Indian Arms Act and 37(1)(3) of Bombay Police Act. 6. Ramjanpura 40/2023 3/25 of Arms Act 7. Ayeshanagar 98/2024 118(1), 115(2), 351(2), 352, 3(5) of the B.N.S.

5. The Supreme Court in the case of Nikita Jagannath Shetty

alias Nikita Vishwajeet Jadhav Vs. State of Maharashtra 1 has held

1 (2025) SCC OnLine SC 1489

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that the anticipatory bail is an exceptional remedy and ought not

to be granted in a routine manner. There must exist strong reasons

for extending indulgence of this extraordinary remedy to a person

accused of grave offences. It has been further held that the Court

concerned has to be very cautious as the grant of interim

protection or protection to the accused in serious cases may lead to

miscarriage of justice and may hamper the investigation to a great

extent as it may sometimes lead to tampering or distraction of the

evidence. The said observations of the Supreme Court are squarely

applicable to the present case.

6. The position on record shows that the Applicant has played

major role in the crime. There are about 9 antecedents against the

Applicant.

7. It is the submission of Mr. Ansari, learned Counsel for the

Applicant that the antecedents need not be taken into

consideration at the time of considering the anticipatory bail

application. However, as noted hereinabove, the anticipatory bail is

an exceptional remedy and ought not to be granted in a routine

manner. There must exist strong reasons for extending indulgence

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of this extraordinary remedy to a person accused of grave offences.

Thus, what the Supreme Court reiterated is that the High Court

while exercising the jurisdiction to grant anticipatory bail

application has to be very cautious as the grant of interim

protection or protection to the accused in serious cases may lead to

miscarriage of justice and may hamper the investigation to a great

extent as it may sometimes lead to tampering or distraction of the

evidence.

8. In the facts and circumstances of this case, and on the above

parameters laid down by the Supreme Court, no case is made out

for grant of anticipatory bail application. Accordingly, the

Anticipatory Bail Application is dismissed.

(MADHAV J. JAMDAR, J.)

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