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Bombay High Court

SATTAR NANNU SHAIKH AND ANRversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that anticipatory bail must be granted when the alleged offence is bailable and the applicants are not named in the FIR, as there is no substantive ground to deny bail.

Summary

The applicants, Sattar Nannu Shaikh and Shahrukh Sattar Shaikh, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with a robbery case (C.R. No.170 of 2026). The FIR alleged that unknown persons broke into a house and stole valuables, and the applicants were accused only of harbouring the robbers, a bailable offence under the Bharatiya Nyaya Sanhita, 2023. The prosecution argued that the applicants were involved in harbouring accused persons, while the defence highlighted the lack of any direct allegation against them in the FIR and their clean criminal record. The court examined the nature of the alleged offence, the bailability of the charge, and the absence of the applicants’ names in the FIR, concluding that the case did not warrant denial of bail. Consequently, the court granted anticipatory bail, directing the applicants to furnish a personal bond of Rs.30,000 with sureties and imposing conditions for reporting to police and non‑interference with witnesses.

Issues considered

  • What is the applicability of Section 482 of the BNSS in granting anticipatory bail for a bailable offence?
  • Whether the allegation of harbouring robbers, a bailable offence, justifies denial of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • bailable offence
  • harbouring
  • Section 482
  • BNSS
  • BNS
  • Maharashtra Police Act

Judgment

                                                  36-ABA-2028-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.2028 OF 2026


Sattar Nannu Shaikh & Anr.                           …Applicants
      Versus
The State of Maharashtra                             …Respondent


Mr. Harsh Kashyap (through Video Conferencing), for the
Applicants.
Mr. S. V. Walve, APP, for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     21st SEPTEMBER 2026
PC:-


1.       Heard Mr. Kashyap, learned Counsel appearing for the

Applicants and Mr. Walve, learned APP appearing for the

Respondent-State.



2.       This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail

in connection with C.R. No.170 of 2026 registered with Bhosari

MIDC Police Station, Pimpri-Chinchwad, Pune, for the offences

punishable under Sections 331(4), 309(4), 305 and 3(5) of the

Bharatiya Nyaya Sanhita, 2023 (“BNS”). Section 254 of the BNS




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and Section 142 of the Maharashtra Police Act, 1951 have also

been added subsequently.



3.       It is the main submission of Mr. Kashyap, learned Counsel

appearing for the Applicants that the only allegation against the

Applicants is that they were involved in harbouring robbers or

dacoits. The said offence is bailable. There are no criminal

antecedents against the Applicants.



4.       On the other hand, Mr. Walve, learned APP strongly opposes

the Anticipatory Bail Application. He submits that the Applicants

are involved in harbouring accused persons, who are involved in a

serious crime.



5.       The prosecution case is set out in paragraph No.2 of the

order dated 18th June 2026, passed by the learned Additional

Sessions Judge, Pimpri-Chinchwad, Pune, passed in Criminal Bail

Application No.511 of 2026, which reads as under:



            “2. The First Information Report was lodged by
            the informant, Maina Arjun Gaysamudre, on
            28/03/2026, alleging that on 28/03/2026 at
            about 3.00 a.m. two unknown persons allegedly




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                                                   36-ABA-2028-2026.DOC




            committed house breaking at her daughter’s
            residence and committed theft of cash worth
            Rs.15,300/-      two    mobile     phones,     gold
            mangalsutra worth Rs.25,000/-. Her daughter
            resisted the act. At that time one of the accused
            assaulted her with hand and fled away from the
            spot. The matter was reported to the police. The
            applicants are apprehending arrest at the hands
            of police and so they filed the present application
            for protection.”


6.       Perusal of the record shows that the Applicants are not

named in the FIR. No role is attributed to them in the FIR.



7.       As far as the two accused who are involved in the crime of

house trace-pass/house breaking and committing robbery and theft

have already been arrested.



8.       As far as the Applicants are concerned, the only allegation

against them is that they harboured the main accused. The said

offence is bailable offence. However, as the FIR has been registered

under Sections Sections 331(4), 309(4), 305, 254 and 3(5) of the

BNS and Section 254 of the BNS and Section 142 of the

Maharashtra Police Act, 1951 have been added subsequently, the

Applicants apprehend their arrest. However, even as per the

prosecution case, the only allegation against the Applicants is that




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                                                   36-ABA-2028-2026.DOC




they harboured the robbers, which is bailable offence. Even as per

the prosecution case, the Applicants are not involved in the offence

of robbery.




9.       Accordingly, the case is made out for grant of Anticipatory

Bail. In view thereof, the following order is passed:


                               ORDER

         (a)   In the event of arrest of the Applicants- Sattar Nannu

               Shaikh and Shahrukh Sattar Shaikh in connection

               with C.R. No.170 of 2026 registered with the Bhosari

               MIDC Police Station, Pimpri-Chinchwad, Pune, the

               Applicants are directed to be released on bail on their

               furnishing P.R. Bond in the sum of Rs.30,000/- each

               with one or two solvent sureties each in the like

               amount.

         (b)   The Applicants shall attend the concerned Police

               Station twice in a month i.e. on 1st and 3rd Monday

               between 11:00 a.m. to 02:00 p.m. till conclusion of

               the trial.

         (c)   The Applicants shall furnish their cell phone number




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                                                                36-ABA-2028-2026.DOC




                           and residential address to the Investigating Officer

                           and shall keep the same updated, in case of any

                           change thereto.

                     (d)   The Applicants shall not directly or indirectly make

                           any inducement, threat, or promise to any person

                           acquainted with the facts of the case so as to dissuade

                           such a person from disclosing the facts to the Court or

                           to any Police personnel.

                     (e)   The Applicants shall not tamper with the prosecution

                           evidence and shall not contact or influence the

                           Complainant or any witness in any manner.


            10.      The Anticipatory Bail Application is disposed of accordingly.




                                                        [MADHAV J. JAMDAR, J.]

       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.23
       10:49:14
       +0530




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