Bombay High Court

HARIDAR AZIM SHAIKHversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The Court held that the recovery of the alleged stolen buffalo removed the basis for denial of bail, and therefore granted anticipatory bail.

Summary

The applicant, Haidar Azim Shaikh, was arrested in connection with the alleged theft of a buffalo (Crime No.0203/2025). During the pendency of his anticipatory bail application, the buffalo was recovered from the informant's agricultural field, establishing that the alleged stolen property was no longer missing. The applicant's counsel argued that, given the recovery, there was no justification to deny bail. The respondent's counsel could not dispute the recovery of the buffalo and therefore offered no substantive ground to oppose bail. The Court, considering the facts, allowed the anticipatory bail application, directing the applicant to be released on bail upon furnishing a personal bond of Rs.15,000 and a surety of the same amount, with conditions to not tamper with evidence and to cooperate with the trial.

Issues considered

Whether anticipatory bail should be granted when the alleged stolen property has been recovered
Whether the recovery of the buffalo negates the necessity for continued detention

Subjects

anticipatory bail
theft
recovery of property
bail conditions
Criminal Procedure Code

Judgment

2026:BHC-AUG:37003




                                             1                          953 aba 1788.25

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                      ANTICIPATORY BAIL APPLICATION NO. 1788 OF 2025

                         Haidar Azim Shaikh,
                         Age : 28 Years, Occu. : Labour,
                         R/o Shend Post Nitoor,
                         Tq. Nilanga, Dist. Latur.                ..   Applicant

                              Versus

                         The State of Maharashtra                 ..   Respondent

                 Shri Mahesh P. Kale, Advocate for the Applicant.
                 Shri A. R. Kale, Addl.P.P. for the Respondent.

                                    CORAM : R. M. JOSHI, J.
                                     DATE : 18TH AUGUST, 2026.

                 ORDER :


                 .       Learned counsel for the applicant submits that during the
                 pendency of application, the buffalo, which was alleged to have
                 been stolen by the applicant has already been recovered from the
                 agricultural field of the informant herself. It is his submission
                 that as such there is no reason not to confirm the interim relief.


                 2.      Learned A. P. P. opposes for confirmation of interim relief.
                 However, he was unable to dispute the fact of buffalo has already
                 been seized.


                 3.      In view of above facts, the application stands allowed in
                 terms of interim relief.
                           2                          953 aba 1788.25



                            ORDER


i)     The Applicant, namely, Haidar Azim Shaikh in case of
arrest shall be released on bail in connection with Crime
No.0203/2025 registered with Shiruranantpal Police Station,
Dist. Latur, on his executing P.B. of Rs.15,000/- (Rupees Fifteen
Thousand) with one surety in the like amount.


ii)    The Applicant shall not tamper the evidence of the
Prosecution in any manner.


iii)   The Applicant shall co-operate during the course of trial.


iv)    Learned APP to communicate this order to the concerned
Investigating Officer.


                                           [ R. M. JOSHI, J. ]

bsb/Aug. 26

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