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Bombay High CourtBA/4870/2025disposed off

Sohail Mehboob @ Badshaha Shaikh v. The State Of Maharashtra

2026-04-28Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4870 OF 2025 Sohail Mehboob @ Badshaha Shaikh ...Applicant

VERSUS

The State Of Maharashtra

...Respondent

____________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.04.30 15:06:56 +0530 NILAM SANTOSH KAMBLE Mr.Shailesh Chavan a/w Mr.S.P. Sahane, Mr.Sachin Pawar i/b Harishikesh Avhad, for the Applicant.

Mr.K.T. Hiwrale, APP for Respondent-State.

____________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 28th APRIL 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.414 of 2016 registered with Swargate Police Station, Pune, for the offences punishable under Sections 302, 363, 366 and 201 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short). 2.

It is prosecution's case that the Applicant kidnapped the daughter of the First Informant and murdered her. 3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than nine years and four months. The matter is posted for arguments for last twenty months. There is no progress in trial, and requested to allow the Application.

4.

It is contention of learned APP that trial is at fag end and it is fixed for arguments. On the previous date at Trial Court, the argument were not concluded due to absence of the learned counsel appearing for the co-accused. There is direct evidence against the Applicant. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application. 5.

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

6.

The Applicant is behind bars for more than nine years and four months. Yet trial is not concluded. The matter is fixed for arguments for last twenty months. On last date also argument's are not concluded. 7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.414 of 2016 registered with Swargate Police Station, 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.)