Aslam Samsoddin Pinjari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 929 BAIL APPLICATION NO. 1984 OF 2025 Aslam Samsoddin Pinjari ....Applicant

VERSUS

The State of Maharashtra .....Respondent Mr. S. S. Jadhav, Advocate for Applicant Mr. D. B. Bhange, APP for the State.

CORAM : SACHIN S. DESHMUKH, J.

DATE : 11th FEBRUARY, 2026.

PER COURT :

1.

Applicant has preferred this application seeking regular bail in connection with Crime No. 263/2025 registered with MIDC Police Station, Dist. Jalgaon, for the offences punishable under Sections 103(1), 118(1), 115(2), 352, 333, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

The case of prosecution is that on 11.04.2025 at about 2.00 pm, when the informant was at the house of the deceased, Applicant called and abused him. Thereafter at about 2.15 pm, Applicant along with co-accused reached the house of the deceased, abused and assaulted with fists and kicks. When informant tried to intervene, Applicant took out knife from his pocket and assaulted the deceased

- 2 - on abdomen. While intervening, the informant also got injured. Thereafter, informant and deceased were admitted in Sara hospital. During the treatment on 14.04.2025 the deceased succumbed to the injuries. Accordingly, First Information Report came to be registered. 3.

Learned Counsel for the Applicant submits that the Applicant is falsely involved in the crime. He had no intention to commit the alleged offence. The alleged incident occurred in the spur of moment. There is no material on record to indicate pre-meditation on the part of the Applicant. There are no criminal antecedents against the Applicant. Further, co-accused has been enlarged on bail. Applicant is arrested on 17.04.2025. Investigation in the crime is complete and charge-sheet is filed. Hence, further incarceration of the Applicant is unwarranted. Hence, prayed to allow the application. 4.

Per contra, learned APP vehemently opposed the application citing serious nature of the crime. Deceased has lost his life in the incident. The corresponding injuries in the Post Mortem report indicate complicity of the Applicant in the crime. It is further submitted that the present Applicant and the prosecution witnesses

- 3 - are close relatives and hence there is every possibility of tampering prosecution witnesses. Hence, prayed to reject the application. 5.

Upon considering submissions of both sides and on perusal of the record, including charge-sheet, prima facie it appears that the incident has occurred in a spur of moment. Perusal of Post Mortem report indicates only single stab injury, therefore, prima facie there was no pre-meditation on the part of the present Applicant. Furthermore, the co-accused has been enlarged on bail. 6.

Investigation in the crime is complete for all intent and purpose. Resultantly, charge-sheet is filed. Applicant is arrested on 17.04.2025. Having regard to the number of witnesses the prosecution intends to examine, the trial is not likely to conclude within a reasonable period. So far as the apprehension expressed by learned APP is considered, it can be adequately taken care of by imposing stringent conditions. In the aforesaid circumstances, I am inclined to exercise discretion in favour of the Applicant. 7.

Hence, the following order :-

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ORDER

(i) Application is allowed.

(ii) Applicant Aslam Samsoddin Pinjari, be released on bail, on furnishing P.R. bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) with one or two local solvent sureties, in the like amount, in connection with Crime No. 263/2025 registered with MIDC Police Station, Dist. Jalgaon, for the offences punishable under Sections 103(1), 118(1), 115(2), 352, 333, 3(5) of the Bharatiya Nyaya Sanhita, 2023., on the following conditions :- (a) The Applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.

(b) The Applicant shall attend the trial on each and every date unless exempted by the Trial Court and shall not leave the area of jurisdiction of the concerned Police Station till conclusion of the trial.

(c) The Applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers of the Applicant and two of the near relatives.

(d) In case of breach of any of the conditions by the Applicant, it is open for the prosecution to move concerned Court seeking cancellation of bail. (iii) Needless to state that, nothing stated hereinabove shall be construed as an expression on merits of the case. Learned

- 5 - Trial court shall proceed independently and uninfluenced by the observations made hereinabove.

(SACHIN S. DESHMUKH, J.) dyb