Created by Fuzzy Cloud

Bombay High Court

SHAKER SHABER SIDDIQUIversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to specified conditions.

Summary

The applicant, Shaker Shaber Siddiqui, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with a criminal case involving alleged forgery and cheating offences under several sections of the Indian Penal Code. He is accused as Accused No.2, primarily as a witness to a deed of conveyance, while the principal accused (Accused No.1) faces allegations of impersonation. The court noted that the applicant's role is limited and that the principal accused had already been released on bail, establishing parity. Consequently, the court granted bail to the applicant subject to a set of conditions, including a personal bond, regular reporting to the investigating officer, and restrictions on travel and witness tampering. The order expressly limited its observations to bail and did not address the merits of the underlying criminal charges.

Issues considered

  • What is the appropriateness of granting bail to Accused No.2, a witness, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the alleged offences?
  • Does the bail granted to the principal accused create a precedent that obliges the court to extend bail to the co‑accused on similar grounds?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • Indian Penal Code
  • forgery
  • cheating
  • impersonation
  • witness
  • conditions of bail

Judgment

                                                                          20.BA.3783.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.3783 OF 2026

              Shaker Shaber Siddiqui                                 .. Applicant
                         Versus
              The State of Maharashtra                               .. Respondent
                                         ....................
               Ms. Aarti R. Dharamsey, Advocate for Applicant.
               Mr. Amit K. Munde, APP for Respondent.
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : OCTOBER 07, 2026
              P.C.:

              1.       Heard Ms. Dharamsey, learned Advocate for Applicant and

              Mr. Munde, learned APP for Respondent.


              2.       This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.605 of 2025 registered with Panvel City Police Station, Raigad for

              offences punishable under Sections 419, 420, 465, 467, 468, 471 read

              with Section 34 of the Indian Penal Code, 1860.


              3.       Applicant is arraigned as Accused No.2 of having been

              witnessed Deed of Conveyance dated 01.04.1990 between Vendor and

              purchaser.   It is thereafter alleged that in the year 2021, some

              registration of same documents has taken place and Index - II has been

              placed before me by learned APP though it is not part of the charge-

              sheet which is appended to the present Application.


                                                                                      1 of 4
                                                         20.BA.3783.2026.doc


4.        The    allegation   against   Applicant   is   that   there     is

impersonation by Accused No.1. However considering limited role of

Applicant- Accused No.2 of being that of witness to the principal

transaction which is not in dispute, I am inclined to grant bail to the

Applicant.


5.        Needless to state that complicity of Applicant can be proved

at trial. All questions are otherwise kept open.


6.        Principal accused is already enlarged on bail.        Hence, on

parity, with the principal accused, present Applicant also deserves to

be enlarged on bail.


7.        Considering the aforesaid, Applicant has made out case for

grant of bail subject to following conditions:-

          (i)   Applicant is directed to be immediately released

                from prison in connection with Crime No. 605 of

                2025;

          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs. 10,000/- (Rs. Ten

                Thousand only) with one or two surety / sureties

                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


                                                                      2 of 4
                                                       20.BA.3783.2026.doc


              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 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.



8.       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

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

                                                                   3 of 4
                                                                        20.BA.3783.2026.doc


               uninfluenced with any of the prima facie observations made

               hereinabove in this order.


               9.              Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                              [ MILIND N. JADHAV, J. ]

                        Digitally signed
                        by HARSHADA
               HARSHADA HANUMANT
               HANUMANT SAWANT
               SAWANT   Date:
                        2026.10.07
                        19:00:19 +0530




                                                                                    4 of 4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.