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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

Subjects

  • anticipatory bail
  • Section 482
  • parity principle
  • co‑accused
  • bail conditions
  • IPC offences
  • criminal procedure

Judgment

                                                                             37 - ABA - 146 - 2025.doc


                                 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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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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      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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