2025 Supreme(Online)(Bom) 249248
HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE N. R. BORKAR
MOHAMMED ZAID JABIR ALI SHAIKH – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
ABA/3525/2025
Important Points
Subject
Criminal Law - Bail
Act Referred
Headnote
Facts of the case:
It is alleged that a co-accused convinced the first informant to transfer funds into specified bank accounts under the guise of closing other loan accounts, and subsequently provided forged documents to mislead the informant. The total amount allegedly defrauded was Rs. 13,62,602/-. The applicant was alleged to be a beneficiary of the defrauded amount.
Findings of Court:
The court observed that the primary allegations regarding cheating and forgery are directed against the co-accused. It further noted that the applicant has no other criminal antecedents.
Issues: Whether the applicant should be released on anticipatory bail despite the allegation of being a beneficiary of the defrauded amount.
Ratio Decidendi: In cases where the primary allegations of the crime are against a co-accused, and the applicant has no prior criminal history and is willing to cooperate with the investigation, the applicant may be released on anticipatory bail.
Result: Application allowed.
Legal Category Hierarchy
-
crime and sentencing
-
offences involving property
- cheating
- forgery
-
offences involving property
-
practice and procedure
-
bail
- anticipatory bail
-
bail
For the Appellants/Petitioners: Shambu M. Jha, Suraj Pandey, A. Ansari
For the Respondents: V. N. Sagare
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2025:BHC-AS:57748
907-aba-3525-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 3525 OF 2025
Mohammed Zaid Jabir Ali Shaikh …Applicant
V/s.
The State of Maharashtra ...Respondent
Mr. Shambu M. Jha a/w Mr. Suraj Pandey a/w Adv. A. Ansari,
Advocate for the Applicant.
Mr. V. N. Sagare, APP for the Respondent/State.
CORAM : N.R. BORKAR, J.
DATE : 23.12.2025.
P.C. :
1. This is an application for Anticipatory Bail.
2. The applicant is apprehending his arrest in Crime No.
285 of 2025 registered at Malbar Hill Police Station, for the
offences punishable under Sections 318(4), 316(5), 338, 336(3)
read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. It is the case of the prosecution that the co-accused in
the present crime, namely Shailesh Sarode, who was working with
L & T Fianance had arranged a loan of Rs.21,43,671/- from
Poonawala Finecorp Ltd. for first informant. It is alleged that the
first informant was in need of some more amount and he thus told
the said co-accused Shailesh Sarode, who agreed to arrange
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another loan for him. It is alleged that the said co-accused,
however, told him to close his other loan accounts. It is alleged
that thus on the instructions of the said co-accused the first
informant had transferred certain amount in the bank accounts
provided by the said co-accused. It is alleged that though the said
co-accused had not deposited the said amount in the loan
accounts of the first informant, forged documents in respect of
deposit of the said amount were given to the first informant. The
allegations against the present applicant and other co-accused are
thus of forgery and defrauding the first informant to the tune of
Rs.13,62,602/-.
4. I have heard the learned counsel for the applicant and
the learned APP for the respondent-State.
5. The learned counsel for the applicant submits that the
applicant has nothing to do with the alleged crime. It is submitted
that the entire allegations are against the co-accused, Shailesh
Sarode. It is submitted that there is no need of custodial
interrogation and that the applicant is ready and willing to co-
operate in the investigation. It is further submitted that there are
no other criminal antecedents against the applicant.
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6. On the other hand, the learned APP for the respondent-
State submits that the applicant is the beneficiary of the
defrauded amount. It is submitted that considering the nature of
crime, the applicant may not be released on anticipatory bail.
7. I have perused the First Information Report. The entire
allegations of cheating and forgery are against the co-accused,
Shailesh Sarode. There are no other criminal antecedents against
the applicant. In that view of the matter, I am inclined to release
the applicant on anticipatory bail. In the result, the following order
is passed :
O R D E R
a) The Application is allowed.
b) In the event of arrest of the applicant in connection
with Crime No. 285 of 2025 registered at Malbar Hill Police
Station, for the offences punishable under Sections 318(4),
316(5), 338, 336(3) read with 3(5) of the Bharatiya Nyaya
Sanhita, 2023, the applicant be released on bail on
furnishing P.R. Bond in the sum of Rs. 25,000/- with one or
two sureties in the like amount.
c) The applicant shall attend the concerned police
station as and when called by the investigating ofocer and
shall co-operate in the investigation.
[N.R.BORKAR, J.]
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