IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP(Crl.) No. 8402 of 2023 )
ARBAJ NAWAB SHAIKH APPELLANT(S)
VERSUS
STATE OF MAHARASHTRA & ANR. RESPONDENT(S)
O R D E R
Leave granted.
Having heard the learned counsel for the parties and keeping
in view the period of incarceration suffered by the appellant – Arbaj Nawab Shaikh, we are inclined to accept the present appeal.
Accordingly, it is directed that the appellant Arbaj Nawab Shaikh will be released on bail during the pendency of trial in the chargesheet arising out of First Information Report (FIR)/C.R. no. 394/2021 dated 07.12.2021 registered with Police Station Alephata, District Pune Rural, Maharashtra for the offence(s) punishable under Section 395 of the Indian Penal Code, 1860 and Sections 25 and 3 of the Arms Act, 1959, on terms and conditions to be fixed by the trial Court.
In addition, the appellant – Arbaj Nawab Shaikh shall also comply with the conditions prescribed in Section 438(2) of the Code of Criminal Procedure, 1973.
In case the appellant – Arbaj Nawab Shaikh remains unrepresented or takes adjournments during the trial, it will be open to the trial Court to cancel the bail granted to him.

Recording the aforesaid, the impugned judgment is set aside and the appeal is allowed.
We clarify that the observations made in the present order for grant of bail are for the disposal of the present appeal and will not be treated as an expression of opinion on the merits of the case.

Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
( DIPANKAR DATTA )
NEW DELHI;
JANUARY 08, 2024.

ITEM NO.9 COURT NO.2 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 8402/2023
(Arising out of impugned final judgment and order dated 28-11-2022 in BA No. 1594/2022 passed by the High Court of Judicature at Bombay)
ARBAJ NAWAB SHAIKH Petitioner(s)
VERSUS
STATE OF MAHARASHTRA & ANR. Respondent(s)
(IA No.120911/2023-CONDONATION OF DELAY IN FILING and IA
No.120908/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.120909/2023-EXEMPTION FROM FILING O.T.)

Date : 08-01-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s)
Ms. Sana Raees Khan, Adv.
Mr. Aditya Parmar, Adv.
Mr. Sriram P., AOR
Mr. Vishnu Shankar, Adv.
Mr. Aditya Santosh, Adv.
Ms. Shivali Chaudhary, Adv.
Ms. Isha Singh, Adv.
Ms. Anjali Singh, Adv.
For Respondent(s)
Mr. Nachiketa Joshi, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
Ms. Raavi Sharma, Adv.

Mr. Mahesh Prakash Shinde, Adv.
Mr. Vatsalya Vigya, AOR

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
Crl.A. @ SLP(Crl.) No. 8402/2023 3

In terms of the signed order , it is directed that the appellant Arbaj Nawab Shaikh will be released on bail during thependency of trial in the chargesheet arising out of First
Information Report (FIR)/C.R. no. 394/2021 dated 07.12.2021 registered with Police Station Alephata, District Pune Rural, Maharashtra for the offence(s) punishable under Section 395 of the Indian Penal Code, 1860 and Sections 25 and 3 of the Arms Act, 1959, on terms and conditions to be fixed by the trial Court.
In addition, the appellant – Arbaj Nawab Shaikh shall also comply with the conditions prescribed in Section 438(2) of the Code of Criminal Procedure, 1973.
The impugned judgment is set aside and the appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)
Crl.A. @ SLP(Crl.) No. 8402/2023 4