Created by Fuzzy Cloud

Bombay High Court

SAMIR LUKMAN SHAIKHversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The High Court allowed the appeal and granted regular bail to the appellant with stringent conditions.

Summary

The appellant, Samir Lukman Shaikh, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for the murder of Ravi, who died from a head injury inflicted with a floor tile. The appellant argued that he did not bring a weapon to the scene, that the assault began with fists and kicks, and that the single blow with the tile did not demonstrate pre‑meditated intent to kill. The prosecution contended that the head injury was sufficient to cause death, that a monetary dispute provided motive, and that the appellant might tamper with witnesses if released on bail. The trial court had denied bail, but on appeal the High Court examined the evidence, noting the lack of pre‑meditation and the appellant's clean record, and found that bail could be secured with appropriate conditions. Consequently, the Court allowed the appeal and granted regular bail with strict conditions restricting the appellant's movement and contact with witnesses.

Issues considered

  • Whether regular bail should be granted to the appellant despite the serious nature of the murder charge.
  • Whether the facts establish pre‑meditation and intention to kill under the Bharatiya Nyaya Sanhita.
  • Whether there is a likelihood of the appellant tampering with witnesses or fleeing if released on bail.

Legislation cited

Subjects

  • regular bail
  • murder
  • premeditation
  • intention to kill
  • SC/ST Act
  • criminal procedure
  • witness tampering

Judgment

2026:BHC-AUG:46469
                                                                    51-APEAL-264-2026.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            51 CRIMINAL APPEAL NO. 264 OF 2026

                                    Samir Lukman Shaikh
                                           Versus
                            The State Of Maharashtra And Another

          Mr. Rahul R. Karpe a/w Mr. S. S. Pawar, Advocate for Appellant (VC)
          Mr. S. B. Jadhav, APP for Respondent No. 1
          Mr. N. B. Patekar, Advocate for Respondent No. 2

                                                         CORAM :R.M. JOSHI, J
                                                         DATE  :OCTOBER 05, 2026

          P. C. :

          1.          Appellant seeks regular bail in connection with Crime No. 0962

          of 2025 registered with Kotwali Police Station, Tq. & Dist. Ahilyanagar for

          the offences punishable under Section 109(1), 115(2), 351(3), 352 and

          103(1) of Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of the

          Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.


          2.          The first information report indicates that an incident had

          occurred on 17-10-2025 in which deceased Ravi was assaulted by Appellant

          with floor tile on his head. Deceased succumbed to the said injury on 23-10-

          2025. Initially, offense came to be registered against the Appellant of

          attempt to commit murder and later on, offense of murder came to be

          attributed against him.


          3.          Learned counsel for the Appellant submits that the Appellant


                                           Page 1 of 4
                                                           51-APEAL-264-2026.odt



had not gone to the spot with weapon, which indicates that Appellant had

no intention to kill the deceased. According to him, there is no eyewitness to

the incident and there are statement of witnesses to the effect that deceased

himself had informed them about the manner in which the incident had

occurred. According to him, this shows that it was a case wherein the

deceased was assaulted with fists and kick blows initially and in the fit of

movement, tile lying at the spot was used for assaulting his head once. It is

his submission that having regard to the nature of assault also, it cannot be

said that the Appellant had intention to kill deceased. He claims that

Appellant has no criminal history behind him and is not likely to flee from

justice.


4.          Learned APP and learned Counsel for the Informant opposed

grant of any relief to the Appellant by referring to the post mortem notes as

well as the statement of witnesses. According to them, the assault caused on

the head of the deceased was sufficient to cause his death as reflected from

the cause of death mentioned in the post mortem notes. It is their

submission that there was dispute over the money involved, which provided

the motive for the Appellant to commit murder of the deceased. Learned

Counsel for the Informant, apart from above submissions, apprehends that

in case the Appellant is enlarged on bail, he is likely to pressure witnesses

and interfere in the evidence of the prosecution as he is residing in the same



                                  Page 2 of 4
                                                             51-APEAL-264-2026.odt



area.

             In response to the same, learned Counsel for the Appellant, on

instruction, makes statement that Appellant will not enter the jurisdiction of

the concerned police station till conclusion of the trial if he is enlarged on

bail.


5.           Prima facie perusal of the record indicates that an incident had

occurred on 17-10-2025 in which there was a quarrel between the Appellant

and deceased Ravi. As per the narration of the deceased to the witnesses,

the assault was initially caused with fists and kick blows and later on the tile

lying at the spot was used to cause a single blow on his head. This

contention of the witnesses gets support from the post mortem notes.

Though there are other injuries attributable to the fist and kick blows, the

cause of death is on account of head injury, which is one in number. This

Court finds substance in the contention of the learned Counsel for the

Appellant that the Appellant has not gone to the spot with weapon, which

shows that he had no premeditation to kill the deceased. His further

submission to the effect that single injury on the head also indicates that

there being no intention of the Appellant to kill the deceased.


6.           Now charge-sheet has been filed on conclusion of the

investigation. There is no likelihood of conclusion of trial within a short

period of time. This Court, therefore, finds no justification in rejecting the


                                   Page 3 of 4
                                                               51-APEAL-264-2026.odt



appeal. Presence of the appellant can be secured by imposing appropriate

conditions. Hence, the order:

                                    ORDER

(i)      Criminal Appeal is allowed.

(ii)     Appellant in connection with Crime No. 0962/2025 registered
         with Kotwali Police Station, Tq. & Dist. Ahilyanagar for the
         offences punishable under Section 109(1), 115(2), 351(3),
         352 and 103(1) of Bharatiya Nyaya Sanhita, 2023 and
         Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes
         (Prevention of Atrocities) Act, shall be released on bail on
         furnishing PB and SB of Rs. 15,000 (Rupees Fifteen Thousand
         Only) with one surety in the like amount.

(iii)    As volunteered, he shall not enter the jurisdiction of
         concerned police station till conclusion of trial, except
         attending dates before trial Court.

(iv)     He shall attend the each dates of hearing before Trial Court
         unless exempted.

(v)      He shall not contact the witnesses directly or indirectly.

(vi)     He shall not interfere with the evidence in any manner
         whatsoever.

(vii)    Bail before Trial Court.


                                                        (R. M. JOSHI, J.)
Malani




                                     Page 4 of 4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.