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Bombay High Court

SABIR HUSAIN BADASHAH APASIversusSTATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, confirming the interim protection and imposing standard bail conditions.

Summary

The applicant, Sabir Husain Badashah Apasi, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail for a charge under Section 305 of the same code relating to a theft of Rs. 48,000. The FIR named an unknown person; the applicant was not mentioned, only his son, who allegedly received Rs. 24,000 as proceeds of the theft. The applicant argued he had no knowledge of the stolen money and had complied with an earlier interim protection order dated 8 September 2026. The State contended that the son’s involvement did not absolve the applicant but did not dispute his cooperation. The Court found no material linking the applicant to the offence or to knowledge of the proceeds, held that custodial interrogation was unwarranted, and confirmed the interim protection, granting anticipatory bail with standard conditions.

Issues considered

  • Whether anticipatory bail can be granted when the applicant is not named in the FIR and lacks knowledge of the alleged proceeds of crime.
  • Whether the interim protection order previously granted should be confirmed.
  • Whether the conditions imposed for bail are appropriate under Section 482.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Theft
  • proceeds of crime
  • interim protection order
  • criminal procedure
  • Mumbai

Judgment

                                                           904-ABA-2537-2026.ODT




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2537 OF 2026
Sabir Husain Badashah Apasi                                    …Applicant
      Versus
The State of Maharashtra                                       …Respondent


Adv. M. Taha Khan, for Applicant.

Mr. Ashok S. Gawai, A.P. P., for Respondent – State.

PSI Dhananjay Vyavhare (I.O.) and PSI Ashok Jadhav,
Dongri Police Station, Mumbai, are present.


                       CORAM :           PRAFULLA S. KHUBALKAR, J.
                       DATE         :    22ND SEPTEMBER 2026
P. C:-

1.       Heard learned counsel for applicant as well as learned

APP for respondent – State.

2.       The applicant has filed instant application under Section

482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 seeking

pre-arrest bail in connection with Crime No. 367 of 2026 dated

01.06.2026,       registered         with         Dongri     Police    Station,

Brihanmumbai, for the offence punishable under Section 305 of

The Bharatiya Nagarik Suraksha Sanhita, 2023.

3.       The FIR is registered on the basis of a report lodged by the

complainant alleging that on 29th May 2026 at about 12 noon to


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12:10 p.m. one person has entered in his shop and has stolen an

amount of Rs. 48,000/- from the counter. On the basis of this

report, FIR came to be registered against an unknown person.

4.    Learned counsel for applicant submits that this applicant

is not named in the FIR and the only allegations against this

applicant is receipt of an amount of Rs. 24,000/- from his son,

who is alleged to be involved in the act of theft. He submits that

there is nothing to show that this applicant had any knowledge

about the amount of Rs. 24,000/- being proceeds of crime.

5.    He submitted that considering the nature of offence and

the nature of allegations, this Court has earlier granted interim

protection in favour of the applicant vide order dated 8 th

September 2026 and accordingly the applicant has attended the

police station and extended co-operation. He also submits that

the chargesheet is filed and custody of this applicant is not

warranted and therefore, prays for confirmation of the interim

protection.

6.    Application is opposed by the learned APP for the

respondent – State and it is pointed out that the son of this

applicant has been involved in the act of theft, but it is not

disputed that the applicant has attended the police station in

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accordance with the interim protection order and further that

the chargesheet has already been filed.

7.    Perused the FIR and the documents filed on record. It has

to be noted that the applicant is not named in the FIR and there

is nothing to show that he had knowledge about the amount of

Rs. 24,000/- being proceeds of crime. It appears that the offense

was registered against an unknown person               and during

investigation the name of applicant’s son got involved. There is

no material to show involvement of this applicant in the offence

of theft or having knowledge about the proceeds of crime.

Considering the nature of offence and the allegations against

this applicant, the custodial interrogation of this applicant is not

warranted. It has to be noted that there is nothing to be

recovered from this applicant and his presence can be secured

by directing him to attend the police station whenever required.

8.    Having regard to the fact that the applicant has not

misused the interim protection granted by this court, the same

needs to be confirmed.

9.    Hence, I pass the following order :-




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                                          ORDER

             (i)    The Anticipatory Bail Application is allowed.

             (ii)   In the event of arrest of this applicant in
                    connection with Crime No. 367 of 2026
                    registered    with         Dongri   Police   Station,
                    Brihanmumbai, for the offence punishable
                    under Section 305 of The Bharatiya Nyaya
                    Sanhita, 2023, he 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.

             (iii) The applicant is directed to attend the Police
                    Station as and when called upon by the
                    investigating agency.

             (iv) The applicant is directed to extend co-
                    operation during investigation and trial.

             (v)    Breach of any of these conditions, shall be a
                    ground for cancellation of the bail.


10.         Anticipatory Bail Application is disposed of in above

terms.




                                              (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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