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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 34, 419, 420, 465, 467, 468, 471
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.
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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
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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
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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
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