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Bombay High CourtBA/4106/2025disposed off

Shahabaz Firoj Khan v. State Of Maharashtra

2026-02-24Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4106 OF 2025 VAISHALI ANIL TIKAM Shahabaz Firoj Khan ...Applicant Vs.

The State of Maharashtra

...Respondent

by VAISHALI ANIL TIKAM Date:

2026.02.26 16:37:05 +0530 _________________________________________________________________ Mr. H.S. Avhad a/w. Shailesh Chavan a/w. Sachin Pawar, Advocate for Applicant.

Smt. Ranjana D. Humane, APP for Respondent-State. PSI Bharat Borade, Khadak Police Station, Dist. Pune.present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 24th FEBRUARY, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

By this Application, the Applicant is seeking regular bail in Crime No.338/2018 registered with Khadak Police Station, Dist. Pune for the offences punishable under Sections 364(a), 387 r/w. 34 of the Indian Penal Code, 1860, Sections 4 and 25 of the Arms Act and Sections 3(1) (ii), 3(2) of MCOC Act.

3.

It is prosecution's case that on 06/10/2018 Applicant kidnapped son of the first informant for ransom. 4.

It is contention of learned counsel for the Applicant that

Applicant is behind bars more than 7 years, yet trial is not concluded. The co-accused Suyash Waghmare has been released on bail. Hence, Applicant is entitle for bail on principle of parity and requested to allow the Application.

5.

It is contention of learned APP that trial is almost over. The matter is kept for final hearing on 09/03/2026. If Applicant released on bail, he may abscond and requested to reject the Application. 6.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

7.

The co-accused Suyash Waghmare, against whom similar allegations are leveled, has been released on bail, though trial is at fag end, but co-accused has been released on bail, in spite of progress in the trial. Hence Applicant is entitled for bail on principle of parity. 8.

Considering this fact, I pass following order.

ORDER

(i) The Applicant- Shahabaz Firoz Khan be released on bail in Crime No.338/2018 registered with Khadak Police Station, Dist. Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)