Bombay High Court

ROSHAN AFZAL SHAIKHversusSTATE OF MAHARASHTRA

Decided: 16 September 2026
Disposal: ANTICIPATORY BAIL GRANTED

Holding

The Court held that custodial interrogation was not warranted and granted anticipatory bail, subject to the condition that the applicant attend the police station as and when called.

Summary

Roshan Afzal Shaikh applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for alleged offences under Sections 318(4) and 62 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, involving an attempt to pledge a chain as gold to obtain a loan. The chain was recovered and a genuineness report was already obtained, and the applicant had no prior criminal record. The State opposed the bail, arguing that further investigation was needed to verify the chain's authenticity. The Court noted that custodial interrogation was unnecessary given the recovered evidence and the applicant's clean record, and it modified the earlier interim protection order to require the applicant to attend the police station when called. Consequently, anticipatory bail was granted with the stipulated condition and the application was disposed.

Issues considered

Whether anticipatory bail should be granted under Section 482 BNSS 2023 for the alleged fraud offences given that the chain is recovered and a genuineness report is on record.
Whether further custodial interrogation is necessary despite the availability of evidence and the applicant's lack of antecedents.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 3(5), 62

Subjects

anticipatory bail
pre-arrest bail
Section 482
BNSS
BNS
fraud
loan fraud
interim protection order
custodial interrogation

Judgment

                                                                  22-ABA-957-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 957 OF 2026


            Roshan Afzal Shaikh                                    ...Applicant
                       V/s.
            State of Maharashtra                                   ...Respondent


            Mr. Anees Shaikh, for the Applicant.

            Mr. Bapu V. Holambe, APP for the Respondent – State.



                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 16th SEPTEMBER, 2026.
            P.C. :-

            1.           Heard learned counsel for applicant as well as learned APP

            for respondent.

            2.           The applicant has filed the instant application under

            Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

            seeking pre-arrest bail in offence bearing Crime No. 603 of 2025

            registered with Kandivali Police Station under Sections 318(4) and 62

            read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS).

            3.           Learned counsel for applicant points out that the offence

            came to be registered on the basis of the allegations by the Branch


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                                                      22-ABA-957-2026.doc

Manager of Muthut Finance Fincorp Limited alleging that this

applicant along with one other person has attempted to pledge a chain

by projecting it to be a golden chain and thereafter on suspicion it was

found that the chain was not made from gold and in view of this

attempt to obtain loan on the basis of the golden chain, the offence

came to be registered.

4.         It is pointed out that the said chain is already recovered

and that the report about its genuineness is also obtained by the

Investigating Officer and as such custody of this applicant is not

required. It is stated that there are no criminal antecedents against

this applicant.

5.         Learned APP for respondent has opposed the application

and submitted that there are allegations in the FIR regarding the

conduct of this applicant and that, in order to ascertain the

genuineness of the chain, which is recovered, further investigation is

required. He, therefore, opposed the application. However, there is no

dispute about contention that the applicant has attended the Police

Station in accordance with the interim protection order dated 10th July

2026.

6.         Perused the FIR and the documents placed on record.

Considering the nature of offence and the fact that the chain is already

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                                                        22-ABA-957-2026.doc

recovered and the report about genuineness of the chain is also

received by the Investigating Officer, the custodial interrogation of this

applicant does not appear to be warranted. Further, considering the

fact that there are no criminal antecedents against this applicant and

he has not misused the interim protection granted by this court, the

same needs to be confirmed on the same terms and conditions.

7.         Accordingly, the interim protection granted on 10th July

2026 is confirmed, subject to modification of the condition about

attendance to police station, by directing that the applicant shall

attend the Police Station as and when called upon.

8.         Anticipatory Bail is allowed and disposed of in above terms.



                                         (PRAFULLA S. KHUBALKAR, J.)




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