Shakil @ Shaklin Zakir Gavandi v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2779 OF 2025 Shakil @ Shaklin Zakir Gavandi ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Ramanik Powar a/w Mr. Rahul Gupta, Mr. Parvej Nadaf i/b Arti Bajpai for the applicant Mr. A. S. Shalgaonkar APP for the State Mr. Vikrant Gaikwad, Dy.S.P. Ichalkaranji CORAM :

SHIVKUMAR DIGE, J.

IRESH MASHAL DATE :

24th SEPTEMBER 2025 Digitally signed by IRESH MASHAL Date:

2025.09.26 10:57:02 +0530 P.C.:

1.

By this application, applicant is seeking regular bail in C.R. No. 233 of 2021 registered with Shivaji Nagar Police Station, Ichalkaranji, District Kolhapur for offences punishable under Sections 384, 385, 506 read with 34 of the Indian Penal Code and under Sections 3(1)(ii), 3(2), 3(4), 3(5) of The Maharashtra Control of Organised Crime Act, 1999. 2.

It is the prosecution's case that accused nos. 1 and 2 1/4

threatened the first informant to pay ransom of Rs. 25,000/- and directed to pay Rs. 15,000/- to the applicant. The applicant had accepted the said amount on behalf of accused nos. 1 and 2.

3.

It is the contention of learned counsel for applicant that the applicant is behind the bar for more than four years and six months. There is no progress in trial, though charge has been framed in the year 2022. Maximum punishment for the offence against the applicant is five years. Hence, requested to allow the application.

4.

It is the contention of learned APP that applicant is member of organized crime syndicate. Accused no. 1 is gang leader. Applicant has four antecedents. If applicant is released on bail, he may threaten prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both learned counsel, perused F.I.R. and documents produced on record. The allegations against the applicant are that he accepted the ransom amount on behalf of accused nos. 1 and 2. Applicant is behind the bar for more than 2/4

four years and six months. Maximum punishment for the offence applied against the applicant is five years. 6.

Considering these facts, I pass following order:

O R D E R

I.

The Application is allowed.

II.

The Applicant be enlarged on bail in C.R. No. 233 of 2021 registered with Shivaji Nagar Police Station, Ichalkaranji, District Kolhapur on executing P.R.Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount.

III.

The Applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.

IV.

The applicant shall not enter in Kolhapur district till conclusion of trial, except attending Court dates. V.

Applicant shall attend the Trial Court dates, regularly. 7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and 3/4

uninfluenced by the observations made in this order. 9.

All concerned to act on the authenticated copy of this order.

[SHIVKUMAR DIGE, J.] 4/4