Akram Ahemad Shaikh v. The State Of Maharashtra
2025:BHC-AUG:28084
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
38 BAIL APPLICATION NO. 1477 OF 2025 AKRAM AHEMAD SHAIKH
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Satej S. Jadhav. APP for Respondent / State : Mr. R. S. Wani.
...
CORAM :
SANJAY A. DESHMUKH, J.
DATE :
06th October, 2025.
P.C.:
Heard.
This is an application for grant of regular bail in connection with Crime No.2 of 2025, registered with Dharashiv (City) Police Station, District Dharashiv, for the offences punishable under Sections 103 and 109 of the Bharatiya Nyaya Sanhita, 2023. The informant averred in the report that on 7th January, 2025 at about 09:45 pm, a quarrel was started between Sajid Mujawar and Akram Sheikh. During the said quarrel, when Parvez intervened to pacify them, the applicant assaulted Parvez by a knife on his face, chest, left hand and left thigh. The applicant also assaulted Kumar Gore, who tried to rescue Parvez. When Parvez was taken to the
hospital, he succumbed to the injures. Therefore, the report was lodged.
The learned counsel for the applicant pointed out the statements of witnesses Kumar Gore, Sajid Mujawar and Hilal Shaikh, who were present prior to the incident and during the incident. The applicant had made a phone call to witness Sajid. At that time, Parvez was enraged and said "who is that fellow and why he is disturbing us?" Then witness Sajid took back his phone from Parvez and said to him, "Why are you using abusive language?" and thereafter disconnected the call. After some time, Parvez, Kumar Gore and Hilal went to the applicant. The quarrel started between them and at that time the applicant with the knife assaulted Parvez as well as Kumar Gore. Parvez sustained serious injuries and succumbed to those injuries. Kumar Gore also sustained some injuries. He pointed out that Parvez was the reason of the quarrel.
The applicant has roots in the society and he will not flee away form the trial. Trial will take a long period. The applicant has no criminal antecedents. Investigation is over and charge-sheet has been filed. It is not a case of murder punishable under Section 103 of BNS. It is lastly prayed to allow the application.
crime. The applicant has committed murder of Parvez and also caused serious injuries to Kumar Gore. There is evidence of eyewitness against the applicant. If he is released on bail, he will certainly pressurize the prosecution witnesses and tamper the evidence. It is lastly prayed to reject the application. Perused the charge-sheet, particularly, the report and the statements of the witnesses as well as the postmortem report. The statements of witnesses show that Parvez unnecessarily raised quarrel and went to the present applicant and the incident took place. The present applicant also sustained two injuries one at left palm and one at right hand. The injury at right hand is described as CLW. It shows that the applicant also sustained injures in that incident. Considering all these reasons and that the applicant has no criminal antecedents, he has roots in the society, he will not flee away from trial and trial will take a long period, the application deserves to be allowed on certain conditions on the principle that bail is rule and jail is exception. Hence, the following order:-
O R D E R
I.
The application is allowed.
II.
The applicant in connection with Crime No.2 of 2025, registered with Dharashiv (City) Police Station, District Dharashiv, for the offences punishable under Sections 103 and 109 of the Bharatiya Nyaya Sanhita, be released on bail on furnishing personal bond of Rs.25,000/- with surety of the like amount on following conditions:- a) The applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.
[ SANJAY A. DESHMUKH, J. ] nga