Bombay High Court
MOHAMMAD AFZAL IQBAL HUSSAINversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court granted anticipatory bail, directing that the applicants shall not be arrested pending further proceedings.
Summary
The applicants, Saied Mohammad Shazar and another, filed an anticipatory bail application in a criminal case (Crime No. 0806 of 2026) alleging that they had failed to return Rs.81 lakhs to the complainant, but subsequently tendered a demand draft for the full amount. They sought pre‑arrest bail under Sections 3(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, arguing that the grievance was redressed and that they were entitled to protection of personal liberty. The court considered the nature of the allegations, the repayment made, and the statutory provisions governing anticipatory bail. It held that, given the restitution, the applicants’ liberty should be safeguarded pending further investigation. Consequently, the court ordered that the applicants not be arrested until the next hearing, subject to cooperation with the investigating agency, and listed the matter for final disposal on 3 September 2026.
Issues considered
- What is the appropriate exercise of discretion under Sections 3(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 in granting anticipatory bail when the alleged financial grievance has been remedied?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 3(5)
Subjects
- anticipatory bail
- pre‑arrest bail
- Bharatiya Nyaya Sanhita
- personal liberty
- restitution
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
CRIMINAL APPELLATE JURISDICTION
KANCHAN
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.08.24
19:51:38
ANTICIPATORY BAIL APPLICATION NO. 2217 OF 2026
+0530
SAIYED MOHAMMAD SHAZAR & ANR. ….. APPLICANTS
VS
STATE OF MAHARASHTRA ….. RESPONDENT
ALONGWITH
INTERIM APPLICATION NO. 2917 OF 2026
IN
ANTICIPATORY BAIL APPLICATION NO. 2217 OF 2026
MOHAMMAD AFZAL IQBAL HUSSAIN ….. INTERVENOR
IN THE MATTER BETWEEN
SAIYED MOHAMMAD SHAZAR & ANR. ….. APPLICANTS
VS
STATE OF MAHARASHTRA ….. RESPONDENT
Adv. Anand A. Pande for the Applicants.
Adv. Mohit Singh for the Intervenor.
Mr. Ashok A. Gawai, APP for Respondent – State.
Mr. N. T. More, PSI, Pydhonie Police Station, Mumbai present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 24TH AUGUST, 2026.
P.C. :-
1) Heard learned counsel for the applicants as well as
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learned counsel for the respondent.
2) Considering the nature of allegations and the offence, the
applicants seek leave to join the complainant as party as respondent
no.2. Leave granted. Necessary amendment be carried out forthwith.
3) Learned advocate Mr. Mohit Singh appears on behalf of
the complainant.
4) The applicants have filed the instant application seeking
pre-arrest bail in Crime No. 0806 of 2026 registered with Pydhonie
Police Station, Mumbai for the offence under Sections 3(5) and
318(4) of the Bharatiya Nyaya Sanhita, 2023.
5) Learned counsel for the applicants states that despite
allegations made by the complainant about failure of the applicants to
return the amount of Rs.81 Lakhs out of Rs.93 Lakhs, the applicants
have now returned an amount of Rs.81 Lakhs through a Demand Draft
dated 13th August, 2026 to the complainant. He therefore states that
the main grievance of the complainant about non receipt of the
amount of Rs.81 Lakhs thus stands redressed. He therefore prays for
interim protection in view of the bonafides shown.
6) Having regard to the nature of allegations against the
applicants alleging failure to return an amount of Rs.81 Lakhs and
considering the fact that the Demand Draft of Rs.81 Lakhs is given by
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the applicants to the complainant, the personal liberty of these
applicants need to be protected by way of interim protection.
7) Hence, it is directed that the applicants shall not be
arrested till the next date. However, the applicants are directed to
extend co-operation to the Investigating Agency by attending the
Police Station as and when called upon.
8) List the application for final disposal on 3rd September,
2026.
[PRAFULLA S. KHUBALKAR, J.]
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