Ismail Yusuf Zhanji v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3471 OF 2025 Ismail Yusuf Zhanji ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Kuldeep Nikam a/w Mr. Pratik Patil, Advocate for Applicant. Mr. Meghdeep Oak, Advocate for the Intervenor. Ms. P.S. Rane, APP for the Respondent-State.

.....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th DECEMBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.256 of 2025 registered with Shahuwadi Police Station, District Kolhapur for the offences punishable under Sections 109 and 352 of the Bharatiya Nyaya Sanhita, 2023.

2.

It is prosecution's case that on 20th July, 2025 at around 4:30 p.m. the applicant assaulted father of first informant with iron rod on his whole body with intention to kill him on the ground of old dispute. It is alleged that in the said assault, father of first informant has suffered three fractures.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.22 11:35:14 +0530 SAJAKALI LIYAKAT JAMADAR

3.

It is contention of learned counsel for applicant that the applicant is behind bar for more than five months. Investigation is completed and charge-sheet has been filed. It may take time to conclude the trial. Hence, requested to allow the application. 4.

It is contention of learned APP along with learned counsel for the intervenor that the applicant brutally assaulted the father of first informant with iron rod. Due to said assault, the father of first informant has suffered three fracture injuries. If applicant is released on bail, he may threaten the first informant and his father. He has four antecedents. Hence, requested to reject the application. 5.

I have heard all the learned counsels, perused the FIR and documents placed on record. The applicant is behind bar for more than five months. Investigation is completed and charge-sheet has been filed. It may take time to conclude the trial. Considering these facts, his further detention is not required. 6.

In view of the above, I pass the following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.256 of 2025 registered with Shahuwadi Police Station, 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 father of first informant and first informant, witnesses or any person concerned with the case.

(iv) The applicant shall not enter into Kolhapur District till recording of evidence of the first informant and his injured father except attending the trial 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 uninfluenced by the observations made in this order.

9.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)