Shoeb @ Badebhai S/O Shoukat Sheikh v. State Of Maharashtra Thr Pso., Hingana Dist. Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.406 OF 2026 Mungya @ Rutik Ratan Rokade ...Applicant versus The State of Maharashtra ....Respondent _________________________________________________________________ Mr. Rahul Dhaigude along with Mr. Sanket Mane, Advocate for Applicant. Mr. Prashant P. Jadhav, APP for Respondent-State. Mr. A. S. Shilimkar, PSI, Chikhali Police Station, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 9th MARCH, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 346 of 2023 registered with Chikhali Pimpari Police Station, District Pune, for the offences punishable under Sections 302 and 120-B of the Indian Penal Code 1860, Sections 3(25) (27) of the Arms Act, Section 37(1)(3) of the Maharashtra Police Act and Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999. 2.

It is prosecution's case that on 22nd May 2023 at around 1:30 PM, co-accused Sonya Pansare and Sidharth Kambale and other co-accused hatched a conspiracy and on the day of the incident killed the nephew of the first informant by firing at him.

SHUBHADA SHANKAR KADAM SHUBHADA SHANKAR KADAM Date: 2026.03.12 10:36:43 +0530

3.

It is contention of learned counsel for the applicant that the allegation against the applicant is that he provided the pistol used in the crime to accused No.1. The applicant is behind bars for more than two years and there is no progress in the trial. Hence, requested to allow the application.

4.

It is contention of the learned APP that the applicant has 11 antecedents. He was seen in CCTV footage while planning the conspiracy of the crime on 3rd June 2023 and 4th June 2023. The incident took place on 22nd May 2023. If the applicant is released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both learned counsel, perused charge sheet and documents produced on record. The allegation against the applicant is that he provided the pistol used in the crime to accused No.1. To prove the allegations against the applicant, evidence is required. The applicant did not participate in the assault nor was he present at the spot of the incident when the incident occurred. The applicant is behind bars for more than two years. There is no progress in the trial. It may take time to conclude the trial. Considering these facts, I pass the following order.

ORDER

(i) The applicant be enlarged on bail in Crime No. 346 of 2023 registered with Chikhali Pimpari Police Station, District Pune, 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.)