Bombay High Court

SHAKTI SIKANDARLAL KAPOORversusSTATE OF MAHARASHTRA AND ANR

Decided: 6 February 2026
Disposal: Allowed
Bench: N R BORKAR

Holding

The court held that the applicant’s advanced age and serious medical condition warranted protection from arrest, and that granting anticipatory bail would not prejudice the investigation.

Summary

Shakti Sikandarlal Kapoor, a 74‑year‑old senior citizen suffering from severe calcified triple‑vessel disease, applied for transit anticipatory bail in connection with Crime No. 68 of 2024, which alleges fraud and includes offences under Sections 323, 341, 342, 420, 406, 467, 468, 504 and 120B of the Indian Penal Code. The applicant contended that he had no involvement in the alleged fraud and that his fragile health required protection from arrest for a period of four weeks to enable him to approach the jurisdictional court. The State opposed the relief, but the court, after hearing counsel, considered the applicant’s age, medical condition, and the fact that the investigation would not be prejudiced by a temporary protection. Accordingly, the court allowed the anticipatory bail application, directing that if arrested the applicant be released on a Rs 25,000 bond with one or two sureties for two weeks, and that the protection would lapse after four weeks from the order date.

Issues considered

Whether anticipatory bail can be granted to the applicant despite the serious offences alleged under the IPC.
Whether the applicant’s advanced age and serious medical condition justify protection from arrest.
Whether granting anticipatory bail would adversely affect the ongoing investigation.

Legislation cited

Indian Penal Code, 1860 — s. 120B, 323, 341, 342, 406, 420, 467, 468, 504

Subjects

anticipatory bail
medical condition
senior citizen
fraud
Indian Penal Code
bail bond
Criminal Procedure Code

Judgment

                                                                917-aba-331-2026.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

        ANTICIPATORY BAIL APPLICATION NO. 331 OF 2026


Shakti Sikandarlal Kapoor                            …Applicant

        V/s.

The State of Maharashtra and Anr.                    ...Respondents



Mr. Anand Pande, Advocate for the Applicant.
Mr. B. V. Holambe Patil, APP for the Respondent/State.


                                   CORAM         :   N.R. BORKAR, J.
                                   DATE          :   06.02.2026.

P.C. :

1.                This is an application for Transit Anticipatory Bail.


2.                The applicant is apprehending his arrest in Crime No.

68 of 2024 registered at Sakchi Police Station, Jamshedpur,

District East Singhbhum, Jharkhand, for the offences punishable

under Sections 323, 341, 342, 420, 406, 467, 468, 504 & 120B of

the Indian Penal Code.


3.                I have heard the learned counsel for the applicant and

the learned APP for the respondent-State.

Pramod S.Lakare
                                           1/3
                                                              917-aba-331-2026.doc




4.                The allegations in the FIR are of defrauding the

investors.



5.                The learned counsel for the applicant submits that the

applicant has nothing to do with the alleged crime. It is submitted

that the applicant is a senior citizen aged about 74 years and is

suffering from severe calcified triple vessel disease and has been

advised Coronary Artery Bypass Grafting (CABG) or a complex

multivessel         Percutaneous   Coronary    Intervention   (PCI).     It    is

submitted that considering the medical condition of the applicant,

he be protected from arrest for a period of four weeks to enable

the applicant to approach the jurisdictional Court. It is submitted

that the investigation is not going to be adversely affected if the

applicant is protected for a period of four weeks.



6.                Considering the overall facts and circumstances and

more particularly the medical condition of the applicant, I am

inclined to protect the applicant from arrest for a period of four

weeks to enable him to approach the jurisdictional Court for

appropriate relief. In the result, the following order is passed :
Pramod S.Lakare
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                                                                  917-aba-331-2026.doc



                                    ORDER

                  a)       The Application is allowed.

                  b)       In the event of arrest of the applicant in

                  connection with Crime No. 68 of 2024 registered at

                  Sakchi Police Station, Jamshedpur, District East

                  Singhbhum, Jharkhand, for the offences punishable

                  under Sections 323, 341, 342, 420, 406, 467, 468,

                  504 & 120B of the Indian Penal Code, the applicant

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

                  sum of Rs. 25,000/- with one or two sureties in the

                  like amount for a period of two weeks.

                  c)       The protection granted to the applicant shall

                  come to an end after expiry to four weeks from

                  today.



                                                         [N.R.BORKAR, J.]




Pramod S.Lakare
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