Bombay High Court
SHAIKH AZHAR SHAIKH BABUversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- ABHAY S WAGHWASE
Holding
The court held that bail should be granted to the applicant as he was not involved in the decision‑making process and the investigation was complete.
Summary
The High Court of Bombay, Aurangabad Bench, considered the bail application of Shaikh Azhar Shaikh Babu, a contract computer operator arrested in connection with Crime No. 544 of 2025 for offences under the Bharatiya Nyaya Sanhita, the Prevention of Corruption Act and the Arbitration and Conciliation Act. The applicant argued that he merely executed computer orders and was not involved in decision‑making or award passing, and that the investigation was complete with a chargesheet already filed and no further recovery required. The Public Prosecutor concurred that the applicant was only a computer operator and had no role in the alleged forgery and fraudulent land‑acquisition awards. The court examined the FIR, which implicated senior revenue officials, and noted that the applicant’s alleged conduct did not warrant continued detention. Accordingly, the court granted regular bail on a personal bond of Rs.15,000 with conditions of non‑tampering with evidence, staying within the jurisdiction, and regular court attendance.
Issues considered
- Whether bail should be granted to an accused who was only a computer operator and not involved in the substantive decision‑making in the alleged offences
- Whether the filing of a chargesheet and the completion of investigation justify the grant of bail under the Bharatiya Nyaya Sanhita
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 14, 34
- Bharatiya Nyaya Sanhita, 2023 — s. 198, 199, 316(2), 316(5), 318(4), 336(3), 338, 340(2), 351(4), 61
- Prevention of Corruption Act, 1988 — s. 13, 7
Subjects
- bail
- computer operator
- corruption
- land acquisition
- forgery
- Bharatiya Nyaya Sanhita
- Prevention of Corruption Act
- Arbitration and Conciliation Act
- criminal procedure
Judgment
2026:BHC-AUG:32269
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 728 OF 2026
Shaikh Azhar Shaikh Babu ... Applicant
Versus
The State of Maharashtra,
Through Police Inspector,
Shivajinagar Police Station, Beed. ... Respondent
…..
Mr. Sayyed Tauseef Yaseen, Advocate for the Applicant.
Mr. A. B. Girase, PP for the Respondent-State.
..…
CORAM : ABHAY S. WAGHWASE, J.
Reserved on : 29.07.2026
Pronounced on : 31.07.2026
ORDER :-
1. Applicant seeks grant of regular bail on account of his arrest in
crime no. 544 of 2025 of registered at Shivajinagar Police Station,
District Beed, for offences punishable under Sections 61, 198, 199,
316(2), 316(5), 318(4), 336(3), 338, 340(2), 351(4) of the Bharatiya
Nyaya Sanhita, 2023 (BNS), Sections 7 and 13 of the Prevention of
Corruption Act, 1988 and Sections 14 and 34 of the Arbitration and
Conciliation Act, 1996.
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2. Bail is urged on the ground that applicant is falsely involved.
That, he was mere a computer operator and he was not involved
decision making or in the process of passing award. In the capacity of
computer operator, he merely complied with the orders and award.
That, investigation is over and no recovery is to be made, and as
chargesheet is already filed, bail is urged for.
3. Learned PP pointed out that, investigation revealed revenue
staff to be involved in the above offence. However, learned PP fairly
submitted that applicant was mere computer operator and he was not
involved in any decision making process. It is also admitted that, as
regards to him, there is no recovery or discovery and chargesheet is
already filed against him.
4. After considering the above submissions and on going through
the FIR dated 19.11.2025, it emerges that the same is at the instance
of one Satish Vasant Dhumal, who is Deputy Collector, Land
Acquisition. Substance of the FIR is that, inspection and verification
revealed that, for a period from 24.04.2025 to 15.11.2025, in all 10
persons named in the FIR had indulged in the process of award on
acquisition of land of various gat numbers, and without any actual
proceedings, or involvement of parties, awards have been passed and
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excessive amounts are awarded by committing forgery and fabricating
documents. Thereby, there is loss to the Government to the tune of
over Rupees 73.4 crore and on above report, crime is registered for
above offences.
5. Papers show that, initially attempt was made to seek bail, but
when disinclination was shown by this Court on 11.02.2026, said
application was withdrawn as chargesheet was not filed. Now
chargesheet is filed. Investigation is over. Applicant was said to be on
contract basis and working as a computer operator. Statement is
made across the bar that he was not involved in the process of
decision making or passing award. Even learned PP conceded to such
position. In view of the same, when no further recovery or discovery
is to be made, applicant deserves relief as prayed for. Hence, I
proceed to pass the following order:
ORDER
I. The application is allowed.
II. Applicant Shaikh Azhar Shaikh Babu be released on bail in
connection with Crime No. 544 of 2025 registered at Shivajinagar
Police Station, District Beed, on executing Personal Bond of
Rs.15,000/- with one surety in the like amount, on the following
conditions :
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[a] The applicant shall not tamper prosecution evidence.
[b] The applicant shall not leave the area of jurisdiction of the
concerned police station till conclusion of trial.
[c] The applicant shall regularly attend each and every effective date
before the trial court.
III. The Bail Application is accordingly disposed off.
[ABHAY S. WAGHWASE, J.]
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