← Library
Bombay High CourtBA/356/2026disposed off as a withdrawn

Rashi @ Raja Shah v. State Of Maharashtra Thr Pso., Gadge Nagar, Amravati, Tah. And Dist. Amravati

2026-04-06Hon'Ble Shri Justice M. M. Nerlikar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 356 OF 2026 Faizal Firoj Kazi ... Applicant

Versus

The State of Maharashtra ... Respondent ____________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.02.27 18:57:03 +0530 NILAM SANTOSH KAMBLE Mr.Debojyoti Talukdar (Through V.C.) a/w Mr.Shubham Mhatre, for the Applicant.

Mr.P.P. Jadhav, APP for Respondent-State.

Mr.H.D. Nakate, PSI, Shirur Police Station.

____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 26th FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.811 of 2024 registered with Shirur Police Station, Pune, for the offences punishable under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short), Sections 4(25) of the Arms Act, and Section 135 of the Maharashtra Police Act.

2.

It is prosecution's case that on 30th September 2024, the Applicant and co-accused assaulted the First informant with sickle with an intention to kill him. It is alleged that the Applicant fired from pistol at First Informant with intention to kill him.

3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than one year and six months. There is no recovery at the instance of the Applicant. The co-accused having similar allegations has been released on bail. Hence, the Applicant is entitled for bail on principle of parity and requested to allow the Application. 4.

It is contention of learned APP that, the Applicant has antecedents. The Applicant and co-accused tried to kill First Informant. The charge is framed. The trial is in progress. 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 one year and six months. Though charge is framed, there is no progress in the trial. It may take time to conclude the trial. There is no recovery at the instance of the Applicant and I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.811 of 2024 registered with Shirur 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 enter the jurisdiction of Shirur Police station till recording of evidence of First Informant, except attending Court dates.

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

(iv) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(v) The Applicant shall attend the concerned Police Station as and when required.

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