Created by Fuzzy Cloud

Bombay High Court

TAUSIF NAZIR INAMDARversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

Since the matter is settled out of court, custodial interrogation is not required and anticipatory bail is granted on the stipulated conditions.

Summary

The applicant, Tausif Nazir Inamdar, sought anticipatory bail fearing arrest in Crime No.166 of 2026, alleged under Sections 316(2), 318(4), 338, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for cheating a informant of ₹1.08 crore and illicit land transfer. The prosecution argued that custodial interrogation was necessary, while the applicant contended that the dispute had been settled out of court and thus interrogation was unnecessary. The first informant also confirmed the settlement and raised no objection to bail. After hearing both sides and reviewing the FIR and documents, the Court held that, given the settlement, custodial interrogation was not required and granted anticipatory bail on condition of a Rs.30,000 bond with sureties and a Rs.20,000 cost payment to Tata Memorial Hospital. The bail application was allowed and the matter disposed.

Issues considered

  • Whether anticipatory bail can be granted when the underlying dispute is settled out of court
  • Whether custodial interrogation is mandatory in such circumstances
  • Whether the applicant should be required to furnish a bail bond and pay costs

Legislation cited

Subjects

  • anticipatory bail
  • custodial interrogation
  • settlement out of court
  • Bharatiya Nyaya Sanhita
  • bail bond
  • cost order

Judgment

                                                                          902-ABA-1466-2026 (CR).doc


      Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                               ANTICIPATORY BAIL APPLICATION NO. 1466 OF 2026

                      Tausif Nazir Inamdar                            ….Applicant
                      Versus
                      The State of Maharashtra and anr.               ….Respondents
                      _________________________________________________________________

                      Mr. Muskan Shaikh along with Ms. Mumtaz Shaikh, Advocate for
                      Applicant (Through VC).
                      Mr. Balraj B. Kulkarni, APP for Respondent No.1-State.
                      Mr. Parvez Inamdaar, Advocate for Respondent No.2.
                      _________________________________________________________________

                                                          CORAM       :    SHIVKUMAR DIGE, J.
                                                          DATE        :    10th JULY, 2026.
                      P.C. :

                      1.         The applicant is apprehending arrest in Crime No.166 of 2026

                      registered with Adgaon Police Station, Nashik        for offences punishable

                      under Sections 316(2), 318(4), 338, 351(3) and 3(5) of the Bharatiya

                      Nyaya Sanhita, 2023.

                      2.         It is prosecution's case that the applicant and co-accused

                      cheated the first informant of ₹1,08,00,000/- and transferred her land in

                      their own name.

                      3.         It is contention of learned counsel for the applicant that the
SHUBHADA
SHANKAR
KADAM                 matter is settled out of court, hence, custodial interrogation of the
Digitally signed by
SHUBHADA              applicant is not required, and requested to allow the application.
SHANKAR KADAM
Date: 2026.07.13
18:26:43 +0530




                                                       Page 1 of 3
                                                                        902-ABA-1466-2026 (CR).doc


Shubhada S Kadam




               4.         It is contention of learned APP that the applicant cheated the

               first informant and transferred the applicant’s land in his name.

               Considering    the   allegations    against       the   applicant,   his   custodial

               interrogation is required, and requested to reject the application.

               5.         It is contention of learned counsel for the first informant that

               the matter is settled out of Court and the first informant has no objection

               to allowing the bail application.

               6.         I have heard all learned counsel, perused FIR and documents

               produced on record. As the matter is settled out of Court, custodial

               interrogation of the applicant is not required, and I pass following order:

                                                   ORDER

                      (i) In the event of arrest, the applicant be enlarged on bail in

                           Crime No. 166 of 2026 registered with Adgaon Police Station,

                           on executing P.R.Bond in the sum of Rs.30,000/- with one or

                           two sureties in the like amount.

                      (ii) The applicant shall pay cost of Rs.20,000/- to Tata Memorial

                           Hospital, Mumbai, and produce the receipt thereof on the file

                           of this Court.

                          The application is allowed in the aforesaid terms and is

               accordingly disposed of.

                                                   Page 2 of 3
                                                                 902-ABA-1466-2026 (CR).doc


Shubhada S Kadam




               7.        Mr. Parvez Inamdar, learned counsel, tendered vakalatnama on

               behalf of respondent No.2, which is taken on record.

               8.        All concerned to act on the authenticated copy of this order.




                                                             (SHIVKUMAR DIGE, J.)




                                               Page 3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.