SAIYED MOHAMMAD SHAZAR AND ANRversusSTATE OF MAHARASHTRA

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Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 2217 OF 2026
Saiyed Mohammad Shazar And Anr.                                ...Applicants
            V/S.
State Of Maharastra And Anr.                                   ...Respondents
_____________________________________________________________
Adv. Anand Pandey , for the Applicant.
Adv Ashok Gawai, APP for the Respondent – State.
Adv Mohit Singh a/w Adv. Ritik Prasad for Respondent No.2.
PSI Sachin Lahamage, Pydhoine Police Station, is present.
________________________________________________________
                CORAM : PRAFULLA S. KHUBALKAR, J.
                DATE : 10TH SEPTEMBER, 2026.

P.C. :-

1.            Heard Advocate Anand Pandey, learned counsel for the Applicant,

Advocate Ashok S. Gawai, learned APP for the Respondent-State, and Advocate

Mohit Singh for Respondent No. 2.

2.            The applicant is seeking pre-arrest bail in connection with Crime

No. 806 of 2026 dated 18.07.2026 registered with Pydhonie Police Station,

Mumbai, for the offence punishable under Section 318(4) read with Section 3(5) of

the Bharatiya Nyaya Sanhita (BNS), 2023.

3.            The First Information Report (FIR) came to be registered on the

basis of a report lodged by the complainant, alleging that the applicants had

represented to him that they were the owners of certain immovable property and

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they agreed to sell the property to the complainant for Rs. 93,00,000/-. It is alleged

that after payment of Rs. 93,00,000/- was made by the complainant, it was revealed

that the said property was in the possession of Cosmos Co-operative Bank Ltd. and

the applicants had no authority to sell the property. It is alleged that, on

questioning in this regard, the applicants returned an amount of Rs. 12,00,000/- to

the complainant; however, they failed to return an amount of Rs. 81,00,000/- and,

therefore, it is alleged that the applicants have cheated the complainant and

committed the offence.

4.             Learned counsel for the applicants submits that there was no

intention on the part of the applicants to commit any offence of cheating. He

submits that, after realizing that the transaction could not materialize, the

applicants had earlier returned an amount of Rs. 12,00,000/- to the complainant

and have now also returned an amount of Rs. 81,00,000/- to the complainant

through a demand draft dated 13.08.2026. He thus submitted that the main

grievance of the complainant about non-receipt of the amount of Rs. 81,00,000/-is

redressed and there is no wrongful gain to the applicant.

5.             Apart from this, he submits that, considering the bona fide conduct

of the applicants, who have repaid the amount of Rs. 81,00,000/-, this Court has

granted interim protection by order dated 24.08.2026, which has not been misused

by them. He also submitted that the applicants have attended the police station on

several occasions and are ready to extend cooperation.

6.             Although the application is opposed by learned APP and learned

counsel for Respondent No. 2, it is not disputed that Respondent No. 2 has


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received an amount of Rs. 81,00,000/- through a demand draft dated 13.08.2026.

Learned counsel for Respondent No. 2 categorically states that the complainant has

received the entire amount from the applicants.

7.                  Perused the FIR and the documents placed on record. It is crucial to

note that although the complainant has levelled allegations against the applicants

alleging ‘cheating’ on account of failure to return the amount of Rs. 81,00,000/-

however, the said amount is now returned by the applicants. As such, as of now,

there is no need for custodial interrogation of the applicants. In view of the fact

that the applicants have attended the police station on several times and have not

misused the liberty granted by this Court, the interim protection granted by this

Court by order dated 24.08.2026 needs to be confirmed, subject to certain

conditions.

8.                  Hence, I pass the following order.


                                         ORDER :


              (i)      The Anticipatory Bail Application is allowed.

              (ii)     In the event of arrest of the applicants in Crime

              No. 806 of 2026 dated 18.07.2026 registered with

              Pydhonie Police Station, Mumbai, for the offence

              punishable under Section 318(4) read with Section

              3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023,

              they be released on bail on furnishing P. R. Bond of

              Rs. 25,000/- (Rupees Twenty-Five Thousand only)

              with one solvent surety of the like amount.

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           (iii)   The applicants shall extend cooperation during

           investigation and trial.

           (iv)    The applicants shall not leave India without

           seeking prior permission from this Court.

9.             Accordingly, the Anticipatory Bail Application is allowed in the

above terms.




                                       (PRAFULLA S. KHUBALKAR, J.)




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