Anticipatory bail may be granted when the primary allegations of cheating and forgery are directed at a co-accused, and the applicant has no criminal antecedents and is willing to cooperate with the investigation.

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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.]

Pramod S.Lakare

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