Bombay High Court
TAIJIB SALIM MULANIversusSTATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The applicant is entitled to anticipatory bail and the application is allowed.
Summary
The applicant, Taijib Salim Mulani, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in Crime No. 244 of 2024 for alleged offences under IPC sections 420, 467, 406, 471 and 120(B) r/w 34. Four other accused are involved, and two of them (Accused Nos. 2 and 3) had earlier been granted anticipatory bail in similar applications (Nos. 56 and 331 of 2025). The State opposed bail, but the court noted that the allegations against the applicant are identical to those against the co‑accused and that no material distinguished his case. Relying on the principle of parity and the lack of any need for custodial interrogation, the court allowed the anticipatory bail with standard conditions. The bail order required a personal bond of Rs.50,000, reporting to the investigating officer on specified dates, cooperation with investigation, and a prohibition on tampering with evidence or pressurising witnesses.
Issues considered
- Whether the applicant is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given that co‑accused in the same case have been granted bail on identical allegations.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code, 1860 — s. 120(B), 34, 406, 420, 467, 471
Subjects
- anticipatory bail
- Section 482
- parity principle
- co‑accused
- bail conditions
- IPC offences
- criminal procedure
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
VAIBHAV
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 146 OF 2025
RAMESH
JADHAV
Taijib Salim Mulani … Applicant
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.10.06
10:37:23 +0530
Versus.
The State of Maharashtra … Respondent
WITH
CRIMINAL INTERIM APPLICATION NO. 1121 OF 2025
IN
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 146 OF 2025
Mr. Sushil D. Shinde with Mr. Vaibhav B. Ahiwale for the
Applicant.
Mr. N. B. Patil, APP for the State.
S. Y. Jamadar, Police Constable, Pandharpur Rural Police
Station, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATED : OCTOBER 5, 2026
P.C.:
1. Heard Mr. Sushil D. Shinde, learned Advocate for the Applicant
and Mr. N. B. Patil, learned APP for the State.
2. By the present Application filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-
arrest bail, apprehending arrest in Crime No. 244 of 2024 registered
with Pandharpur Rural Police Station for offences punishable under
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37 - ABA - 146 - 2025.doc
Sections 420, 467, 406, 471 and 120(B) r/w 34 of IPC.
3. Mr. Sushil D. Shinde, learned Advocate for the Applicant, states
that there are four (4) accused in Crime No. 244 of 2024, with the
Applicant being accused No. 5.
4. Mr. Sushil D. Shinde, learned Advocate for the Applicant, by
referring and relying on the order dated 14 th July 2026 passed by this
Court (Coram: Mehroz R. Pathan, J.) in Anticipatory Bail Application
No. 56 of 2025 and Anticipatory Bail Application No. 331 of 2025,
submits that the two Applicants therein, namely, Sagar Jivan Shinde-
Accused No. 2 and Akash Rajendra Shinde-Accused No. 3, against
whom allegations are identical to that of the Applicant, have been
granted anticipatory bail. He submits that the Applicant having a similar
role in Crime No. 244 of 2024, is entitled to bail on the ground of parity.
He relies on paragraph No. 5 of the order dated 14 th July 2026 passed
in Criminal Anticipatory Bail Application No. 56 of 2025, which reads
thus:
“5. I have gone through the investigation papers, which have now
culminated in the filing of the charge-sheet against the arrested accused. The
allegations against the present Applicants pertain to the misuse of their
accounts maintained with the Union Bank of India, wherein the main accused
utilized the said accounts for transferring huge amounts by using the ID of
bank officials. The entire investigation appears to be complete. The
Applicant/Sagar Shinde, was granted protection by order dated 14.01.2025.
Both Applicants have attended the police station and have cooperated with
the investigation. The investigation is almost complete and the supplementary
charge-sheet is likely to be filed within fifteen days. Since the investigation
does not require further custodial interrogation of the Applicants, and there
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37 - ABA - 146 - 2025.doc
are no allegations of violation of any conditions against them, I am inclined to
protect the Applicants. Hence the following order “
5. Mr. N. B. Patil, learned APP for the State, submits that the
allegations against the Applicant are similar to those made against
accused Nos. 2 and 3 in Crime No. 244 of 2024, who are granted pre-
arrest bail by this Court.
6. In view of the statements made by Mr. Sushil D. Shinde, learned
Advocate for the Applicant and Mr. N. B. Patil, learned APP for the
State, further, in view of the accused Nos. 2 and 3 being granted bail by
this Court on the same set of allegations by order dated 14 th July 2026
and further, no material having been placed on record to
demonstrate any distinguishing circumstances that would warrant
a different view in the case of the Applicant, the Applicant is entitled
to pre arrest bail.
7. Considering the above, this Application is allowed on the
following terms:
a) In the event of the arrest of the Applicant - Taijib Salim
Mulani, in Crime No. 244 of 2024 registered with Pandharpur
Rural Police Station, he shall be released on bail upon furnishing
a P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
only), each with two solvent sureties in the like amount to the
satisfaction of the Investigating Officer at Pandharpur Gramin
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Police Station, District Solapur Gramin.
b) The Applicant shall report to the Investigating Officer at
Pandharpur Gramin Police Station, District Solapur Gramin on 9th,
10th, 12th and 13th October 2026, from 10:00 a.m. to 1:00 p.m and
thereafter as and when required by the Investigating Officer.
c) The Applicant shall cooperate with the investigation in
Crime No. 244 of 2024.
d) The Applicant shall not pressurize the prosecution
witnesses and shall not tamper with the prosecution evidence, in
any manner.
e) The Applicant shall furnish copy of his Aadhaar Card and
PAN Card, along with his residential address, mobile numbers and
particulars of two close relatives, to the Investigating Officer.
f) Needless to say, violation of any of the aforesaid conditions
may entitle the prosecution to seek cancellation of the
anticipatory bail granted.
8. Anticipatory Bail Application No. 146 of 2025 is disposed of.
9. In view of disposal of the Anticipatory Bail Application, the
Interim Application No.1121 of 2025 is disposed of.
(ASHWIN D. BHOBE, J.)
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