Bombay High Court
KALIM BANEMIYA SHAIKHversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The court held that the condition prohibiting the accused from entering Village Lakhegaon until the charge sheet is filed may be incorporated into the bail order.
Summary
The informant, Kalim Banemiya Shaikh, applied to impose an additional condition on the bail granted to accused No.2, seeking to bar him from entering Village Lakhegaon. The Court had earlier granted bail on 26 May 2026 with conditions not to tamper with evidence and to attend trial proceedings. The applicant argued that the investigation was ongoing and the charge sheet had not yet been filed, contending that the accused’s release could hinder a fair investigation. The accused’s counsel stated that the accused did not intend to enter the village until the charge sheet is filed. The Court, accepting this, added the condition that the accused shall not enter Village Lakhegaon until the charge sheet is filed, and disposed of the application with that direction.
Issues considered
- Whether an additional condition restricting the accused from entering a specific village until the charge sheet is filed can be imposed on bail.
Subjects
- bail
- condition
- investigation
- charge sheet
- restriction
- criminal procedure
Judgment
2026:BHC-AUG:22030
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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1980 OF 2026
Kalim Banemiya Shaikh
VERSUS
The State of Maharashtra and Another
...
Advocate for the Applicant : Mr. K.H. Dongre
APP for Respondent/State : Mr. A.A.A. Khan
Advocate for Respondent No.2 : Mr. D.S. Ingole h/f Mr. N.S. Ghanekar
…
CORAM : S. G. CHAPALGAONKAR, J.
(VACATION COURT)
DATED : MAY 29, 2026
PER COURT :-
1. Present application has been filed by informant to impose
additional condition in order granting bail to respondent
no.2/accused and prevent him from entering Village Lakhegaon.
2. This Court allowed Bail Application No.831 of 2026 vide
order dated 26.05.2026 and directed release of respondent no.2 on
bail on conditions that he shall not tamper prosecution evidence and
attend proceeding before Trial Court.
3. Learned advocate appearing for applicant submits that
investigation in the matter is still in progress. The charge sheet is not
yet filed. The release of applicant is likely to hamper fair and proper
investigation and, therefore, seeks to incorporate condition in bail
order as prayed.
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(2)
4. Learned advocate appearing for respondent/accused, on
instructions, makes a statement that even otherwise respondent no.2
is not intending to enter in village till filing of charge sheet.
5. In view of aforesaid statement, in operative part of order
dated 26.05.2026 passed in Bail Application No.831 of 2026, one
more condition be added as under :
“The accused/respondent no.2 shall not enter Village
Lakhegaon till filing of charge sheet”.
6. The application stands disposed of with aforesaid
direction.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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