Bombay High Court
TAUSIF NAZIR INAMDARversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 338, 3(5), 351(3)
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.)
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