Bombay High Court

SHAIKH SADIK SHAIK SATTAR @ SADIK MAMA PATELversusSTATE OF MAHARASHTRA

Decided: 5 October 2026
Disposal: Allowed

Holding

The Court held that anticipatory bail should be granted, subject to stringent conditions.

Summary

Shaikh Sadik Shaikh Sattar applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and threats. The FIR alleged that the applicant, along with other accused, assaulted the informant and threatened his life. The charge‑sheet has been filed and the investigation is effectively complete, with the first informant and injured witness filing affidavits expressing no objection to bail. The court examined the seriousness of the allegations and the fact that other co‑accused had already been granted bail. Considering the lack of objection and the completed investigation, the court granted anticipatory bail, imposing strict conditions such as furnishing a bond, regular police reporting, and non‑interference with witnesses.

Issues considered

Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of offences under the Bharatiya Nyaya Sanhita, 2023.
Whether the filing of the charge‑sheet and the informant's no‑objection affidavit justify the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 118(2), 189(2), 189(4), 190, 191(3), 351(3), 352

Subjects

anticipatory bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
assault
threat
bail conditions
charge-sheet

Judgment

35.ABA-2082.26.DOC

Digitally signed
by PRACHI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRACHI PRANESH
PRANESH NANDIWADEKAR
NANDIWADEKAR
Date: 2026.10.06
CRIMINAL APPELLATE JURISDICTION
16:27:32 +0530
ANTICIPATORY BAIL APPLICATION NO. 2082 OF 2026

Shaikh Sadik Shaikh Sattar
@ Sadik Mama Patel … Applicant

V/s.
State of Maharashtra …. Respondent
______________________

Ms. Shraddha Kadam for the Applicant.
Mr. S. V. Walve, APP for the Respondent-State.

Mr. Sham T. Khernar, Police Hawaldar attached to Malegaon City
Police Station, Nashik Rural, present.
______________________

CORAM : MADHAV J. JAMDAR, J.
DATED : 5 OCTOBER 2026
P. C. :-

1. Heard Ms. Kadam, learned Counsel appearing for the

Applicant and Mr. Walve, learned APP appearing for the

Respondent-State.

2. By this application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-

arrest bail in connection with C.R. No.289 of 2024 registered with

Malegaon City Police Station, Nashik for the offences punishable

Page 1
PPN
35.ABA-2082.26.DOC

under Sections 109(1), 118(2), 189(2), 189(4), 190, 191(3),

351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3. It is the submission of Ms. Kadam, learned counsel for the

Applicant that the Applicant is not involved in the crime. The

charge-sheet is already filed and, therefore, investigation is

completed. She submitted that the First Informant and injured

witness has filed affidavit giving no objection for granting

anticipatory bail.

4. The prosecution case is set out in paragraph no. 7 of the

order dated 9 April 2026 passed by the learned Additional

Sessions Judge/Special Judge, Malegaon, District Nashik in

Criminal Bail Application No.225 of 2026 which reads as under :-

“7. After going through the copy of FIR prima facie it can be
said that FIR is registered on 25/11/2024 at 17.42 hrs. In the FIR it
is alleged that on 24/11/2024 at about 07.30 p.m. the informant
and his other relatives were waiting for Auto rickshaw near the
house of his maternal uncle, at that time all accused, who are
known to him, came and accused Wasim Shaikh assaulted him on
head by of sharp means edge weapon. It is further alleged that
accused Shaikh Akram assaulted informant by means of iron rod
and accused Shaikh Aslam threatened the informant that they
would kill him next time by firing a bullet. It is further alleged that
all accused assaulted the informant by fist and kick blows and
abused him and threatened him.”

5. Perusal of the record shows that both the First Informant and

injured witness as also the Accused were known to each other.

Page 2
PPN
35.ABA-2082.26.DOC

There are total 8 Accused. Some of them have been arrested and

granted regular bail and some of them have been released on

anticipatory bail. The charge-sheet is already filed. The First

Informant and injured witness has given statement, stating that

they have no objection if the Applicant is granted anticipatory bail.

The incident took place due to previous dispute. As the charge-

sheet is filed, the investigation is practically completed.

6. For above reasons the case is made out for grant of

anticipatory bail. However, as there are 3 antecedents, stringent

conditions are required to be imposed. Accordingly the following

order is passed:-

ORDER

(a) In the event of arrest of the Applicant in connection

with C.R. No.289 of 2024 registered with Malegaon

City Police Station, Nashik, the Applicant is directed to

be released on bail on furnishing P.R. Bond in the sum

of Rs.30,000/- with one or two solvent sureties each

in the like amount.

(b) The Applicant shall attend the concerned Police

Station as and when called and in any case once in a

month i.e. on 1st Sunday of each month between 11

Page 3
PPN
35.ABA-2082.26.DOC

a.m. to 2p.m.

residential address to the Investigating Officer and

shall keep the same updated, in case of any change

thereto.

(d) The Applicant 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 Applicant shall not tamper with the prosecution

evidence and shall not contact or influence the

Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior

permission of the Court.

(g) The Applicant shall cooperate with the Investigating

Officer and attend the concerned police station as and

when called by the Investigating Officer.

7. The observations made in this order are only for the purpose

of considering the anticipatory bail application.

Page 4
PPN
35.ABA-2082.26.DOC

8. Anticipatory Bail Application is disposed of accordingly.

[MADHAV J. JAMDAR, J.]

Page 5
PPN

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.