Bombay High Court
FARHAN @ BABLU ABDUL KARIM SHAIKHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that the applicant is entitled to bail under the applicable provisions, subject to strict conditions, despite the prima facie evidence of involvement.
Summary
The applicant, Farhan @ Bablu Abdul Karim Shaikh, was arrested as Accused No.5 in a case alleging that he arranged fake sureties for filing bail bonds, alongside other accused who are advocates. The prosecution alleged that he facilitated sureties on four occasions and seized multiple Aadhaar and ration cards as evidence. The applicant pleaded for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 439 of the Code of Criminal Procedure, citing his role as the sole primary caregiver for his wife and a specially‑abled 12‑year‑old daughter. The court considered the seriousness of the alleged offences, the prima facie evidence, and the applicant’s personal circumstances, and concluded that bail could be granted while the trial proceeds. Accordingly, the court ordered his release on bail with a cash bond of Rs.15,000 and a series of conditions, emphasizing that the order is limited to bail and does not prejudice the merits of the case. The bail application was allowed and the matter disposed of on those terms.
Issues considered
- Whether the applicant is entitled to bail under Section 483 BNSS 2023 and Section 439 CrPC despite the nature of the alleged offences involving fake sureties.
- Whether the applicant's personal circumstances as the primary caregiver for a specially‑abled child justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 59(A), 61(2)
- Code of Criminal Procedure, 1973 — s. 439
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Code of Criminal Procedure
- Bharatiya Nyaya Sanhita
- fake surety
- primary caregiver
- specially‑abled child
- criminal procedure
Judgment
16.BA.3008.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3008 OF 2026
Farhan @ Bablu Abdul Karim Shaikh .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Vipul Dushing a/w. Mr. Tanmay T. Kate and Mr. Ashraf Kazi,
Advocates for Applicant.
Mr. Yogesh M. Nakhwa, APP for Respondent – State.
PSI – Bagade Wanawadi Police Station, Pune.
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 31, 2026
P.C.:
1. Heard Mr. Dushing, learned Advocate for Applicant and Mr.
Nakhwa, learned APP for Respondent – State.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 / Section 439 of Code of Criminal
Procedure, 1973 seeking Bail in connection with C.R. No.11 of 2025
registered with Wanawadi Police Station for offences punishable under
Sections 319(2), 318(4), 338, 336(3), 340(2), 3(5). 59(A), 61(2) and
111(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Perused the record of the case. Applicant is arraigned as
Accused No.5. According to prosecution, Applicant has been accused
of arranging and providing fake sureties for filing the same in Court
alongwith bail bond. The main charge of prosecution is against
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Accused No.1 who ran the racket for providing such fake sureties. The
Seizure Memo of the prosecution prima facie shows recovery of 11
Aadhar Cards and 95 suspicious Ration Cards from his custody. In so
far as present Applicant - Accused No.5 is concerned, charge against
him is arranging sureties / people on 4 different occasions. It is prima
facie seen that the other Accused persons were all Advocates namely
four Advocates who infact used these sureties for arranging and filing
in the Court and they have all been released on bail. One of said
Advocate is brother-in-law of the present Applicant.
4. Applicant is in custody since 26.06.2025. There is one more
reason which impels me to consider the case of Applicant. Applicant is
sole primary care-giver to provide financial support and case for his
family members i.e. wife and 12 year old daughter who is 100%
specially abled child. There are various other issues which are pointed
out by Mr. Dushing, which I need not state herein since in view of the
aforesaid facts, I am inclined to release the Applicant on bail. Needless
to state that complicity of the Applicant will undoubtedly be proved in
the trial.
5. Considering the aforesaid, Applicant has made out case for
grant of bail. He is released on bail subject to following conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. 11 of 2025;
(ii) Applicant is directed to be released on bail on
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furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen
Thousand only) with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at the
concerned Police Station, once every month on the first
Monday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
6. It is clarified that the observations made in this order are
limited for the purpose of granting Bail only and I have not made any
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observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
7. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.08.31
15:19:05 +0530
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