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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 305
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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904-ABA-2537-2026.ODT
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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904-ABA-2537-2026.ODT
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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