Irshad Ismail Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3812 OF 2025 Irshad Ismail Shaikh ... Applicant/s

Versus

The State of Maharashtra ... Respondent/s ____________________________________________________________ Mr. Om N. Latpate along with Mr. Jitendra S. Sawant and Mr. Keshav N. Bade, Advocate for the Applicant.

Mr. S. S. Pednekar, APP for Respondent-State. API-Madhumati Shinde, Pimpri Police Station, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 16th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 45 of 2025 registered with Pimpri Police Station, PimpriChinchwad, for the offences punishable under Sections 109, 115(2), 118(2), 189(2), 190, 191(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 37(1)(3) read with 135,142 of the Maharashtra Police Act and Sections 3(1)(ii) and 3(4) of the the Maharashtra Control of Organised Crime Act, 1999 .

2.

It is prosecution's case that on 17th January 2025, around 00:30 hours, the applicant and co-accused assaulted the brother of the first SHUBHADA SHANKAR KADAM informant with an iron rod and wooden stick with the intention to kill him. SHUBHADA SHANKAR KADAM Date: 2026.01.19 18:46:55 +0530

3.

It is contention of learned counsel for the applicant that the injury suffered by the first informant is simple in nature. The applicant is behind bars for more than eight months, yet the charge is not framed. The applicant has no antecedents. It may take time to conclude the trial, and requested to allow the application.

4.

It is contention of learned APP that the applicant and coaccused assaulted the injured with an iron rod, wooden stick, fists, and kick blows with the intention to kill him. It is further submitted by learned APP that the applicant is identified in Test Identification Parade. If the applicant is released on bail, he might threaten the first informant and prosecution witnesses, and requested to reject the application. 5.

I have heard both learned counsel, perused the charge sheet, and the documents produced on record. The applicant is behind bars for more than eight months. There is no progress in the trial. The applicant has no antecedents. The injury suffered by the first informant is simple in nature. Considering these facts, I pass the following order:

ORDER

(i) The applicant be enlarged on bail in Crime No. 45 of 2025 registered with Pimpri Police Station, Pimpri-Chinchwad, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

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

6.

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.

7.

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