Sharukh Azad Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.242 OF 2025 Sharukh Azad Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondents

_______ Mr. Ramnik Pawar a/w Ms. Samiksha Pawar, Mr. Rahul Gupta, Ms. Shubhangi Kadam, Mr. Pankaj Mule for Applicant. Dr. Ashvini A. Takalkar APP for the Respondent-State. Mr. Vikrant Gaikwad, SDPO, Ichalkaranji, present. _______

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

21st AUGUST 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.41 of 2021 registered with Shivaji Nagar Police Station, District Kolhapur for the offences punishable under Sections 302,143, 147, 148, 149, 323, 504, & 506 of the Indian Penal Code (for short "IPC") and Sections 4 & 25 of the Arms Act, 1959. 2.

It is prosecution's case that on 23rd January 2021, the present applicant and other co-accused assaulted the deceased by sharp weapon and committed his murder due to rivalry. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.08.21 19:20:39 +0530 SAJAKALI LIYAKAT JAMADAR

3.

It is contention of learned counsel for applicant that applicant is entitled for bail on the principle of parity as the coaccused Shahrukh Mubarak Attar against whom the same allegations are levelled like applicant has been granted bail by this Court (CORAM : MADHAV J. JAMDAR,J.).

4.

Learned APP fairly submitted that applicant is entitled for bail on the principle of parity and requested to impose the same conditions as imposed by this Court (CORAM : MADHAV J. JAMDAR,J.).

5.

I have heard both learned counsels, perused the FIR and documents produced on record.

6.

The allegations against the applicant and co-accused Shahrukh Mubarak Attar, who has been released on bail by this Court (CORAM : MADHAV J. JAMDAR,J.) are same. Hence, the applicant is entitled for bail on the principle of parity. 7.

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

ORDER

i.

The application is allowed.

ii.

The Applicant - Sharukh Azad Shaikh be released on bail in connection with C.R. No.41 of 2021 registered with the Shivajinagar Police Station,

District-Kolhapour on his furnishing P.R. bond of Rs.50,000/- with one or two solvent sureties in the like amount.

iii.

The Applicant shall not enter the DistrictKolhapur after being released on bail, except for reporting to the Investigating Officer, if called and for attending the trial.

iv.

On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

v.

The Applicant shall report to the Kurlop Police Station, District-Sangli once in 15 days i.e. on 1st and 3rd Sunday of every month between 11.00 a.m. and 1.00 p.m. till 31st March 2026 and thereafter once in a month i.e. on 1st Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial. The Police Inspector of Kurlop Police Station, District- Sangli to communicate details thereof to the Investigating Officer.

vi.

The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

vii.

The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. viii. The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat. ix.

The Applicant shall surrender his passport, if any, to the Investigating Officer.

8.

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

9.

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.

10.

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