Bombay High Court
BABAN ASHOK SHINDEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- APPLICATION ALLOWED
- Bench
- SACHIN S DESHMUKH
Holding
The Court allowed bail to the accused, holding that the settlement and the simple nature of injuries render further incarceration unjustified.
Summary
The applicants were charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023 for assault, damage to property and caste-based abuse following a dispute that escalated on 26 December 2025. The prosecution highlighted serious injuries to the informant and his family, while the applicants argued the incident was spontaneous and the parties have now settled the dispute. The court noted that the injuries were simple, the investigation was complete, and the settlement indicated no further need for incarceration. Considering these factors, the court granted regular bail to all applicants upon furnishing a personal bond and surety of Rs.50,000 each, subject to their presence in court. The order expressly stated that the bail decision does not prejudice the merits of the trial, which will proceed independently.
Issues considered
- Whether regular bail should be granted to accused of offences under sections 109, 118(1), 115(2), 352, 351(2), 351(3), 333, 75, 324(4), 189(2), 189(4), 190, 191, 191(3), 191(2) of the Bhartiya Nyaya Sanhita, 2023 given the nature of injuries and offences.
- Whether a settlement between the victim and the accused influences the grant of bail.
- Whether the completion of investigation justifies the release of the accused on bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 189(2), 189(4), 190, 191, 191(2), 191(3), 324(4), 333, 351(2), 351(3), 352, 75
Subjects
- bail
- regular bail
- assault
- settlement
- Bhartiya Nyaya Sanhita
- criminal procedure
- caste abuse
- injury
- investigation complete
Judgment
2026:BHC-AUG:3689
Bail Appln.No.49/2026
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.49 OF 2026
1. Abrar Shakil Sayyed
2. Ashpak Hanif Sayyed
3. Ekbal Jaffar Sayyed
4. Zakir Amjad Shaikh … APPLICANTS
VERSUS
The State of Maharashtra … RESPONDENT
.......
Mr. M.S. Karad, Advocate for applicants
Mr. C.V. Bhadane, A.P.P. for respondent – State, assisted by
Mr. A.L. Kanade, Advocate for original informant
....…
WITH
CRIMINAL APPLICATION NO.350 OF 2026 IN
BAIL APPLICATION NO.49 OF 2026
Baban s/o Ashok Shinde … APPLICANT
VERSUS
The State of Maharashtra & ors. … RESPONDENTS
.......
Mr. A.L. Kanade, Advocate for applicant
Mr. C.V. Bhadane, A.P.P. for respondent No.1 – State
Mr. M.S. Karad, Advocate for respondents No.2 to 5
....…
WITH
BAIL APPLICATION NO.50 OF 2026
Bail Appln.No.49/2026
:: 2 ::
Azhar Ahmed Shaikh … APPLICANT
VERSUS
The State of Maharashtra … RESPONDENT
.......
Mr. M.S. Karad, Advocate for applicant
Mr. C.V. Bhadane, A.P.P. for respondent – State, assisted by
Mr. A.L. Kanade, Advocate for original informant
....…
WITH
CRIMINAL APPLICATION NO.349 OF 2026 IN
BAIL APPLICATION NO.50 OF 2026
Baban s/o Ashok Shinde … APPLICANT
VERSUS
The State of Maharashtra & anr. … RESPONDENTS
.......
Mr. A.L. Kanade, Advocate for applicant
Mr. C.V. Bhadane, A.P.P. for respondent No.1 – State
Mr. M.S. Karad, Advocate for respondent No.2
....…
CORAM : SACHIN S. DESHMUKH, J.
DATE : 28th JANUARY, 2026
PER COURT :
1. Criminal Applications No.350/2026 and 349/2026 are
allowed. The original informant is permitted to assist learned A.P.P.
in Bail Applications No.49/2026 and 50/2026 respectively.
2. Bail Applications No.49/2026 and 50/2026 are filed by
the applicants seeking their release on regular bail in connection
Bail Appln.No.49/2026
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with Crime No.753/2025, registered with Vaijapur Police Station,
District Chhatrapati Sambhajinagar for the offences punishable
under Sections 109, 118(1), 115(2), 352, 351(2), 351(3), 333, 75,
324(4), 189(2), 189(4), 190, 191, 191(3), 191(2) of the Bhartiya
Nyaya Sanhita, 2023.
3. The prosecution case is that, on 25/12/2025, a dispute
arose between the son of the informant namely Akash Shinde and
accused No.7 Azhar Ahmed, was settled. Thereafter on
26/12/2025 at about 10.00 Hrs., the informant along with family
members was in his house and his son Akash Shinde and nephew
Moksh Ganesh Shinde had gone in the village. Thereafter heard
commotions, therefore, he along with his wife and children rushed
out of the house and saw that the applicants and co-accused,
armed with weapons i.e. iron rod, wooden log and stones, following
his son and nephew on account of previous dispute, co-accused
Arbaj Shakil Sayyad assaulted him by iron rod on his head and also
assaulted by wooden log and stones, due to which he sustained
injuries on head, both hands, shoulder. When his wife, son and
niece tried to intervene the quarrel, all accused assaulted them and
abused in the name of caste. It is further alleged that, the
applicants and co-accused Arbaj outraged modesty of his niece
Bail Appln.No.49/2026
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and entered in his house and caused damage to household articles
and vehicle of the informant.
4. Learned counsel for the applicants submits that, the
incident occurred on the spur of moment and in any case, now the
litigating sides have resolved the dispute and they have arrived at
settlement and as such, prayed to allow the bail applications. Mr.
Kanade, learned counsel for the informant, confirms the same.
5. Learned A.P.P. for the State invited attention to the
injuries sustained by the victim those are on vital part of the body
and prayed to reject the bail applications.
6. After having heard the learned counsel for both the
sides, and considering the nature of the injuries are simple. In any
case, the parties are resolute to resolve the dispute. Apart from
aforestated aspect, the investigation is complete for all intents and
purpose. Therefore, further incarceration of the applicants is
unjustified. In that view of the matter, the bail applications deserve
consideration. Hence the order :
ORDER
(i) Both the bail applications are allowed.
Bail Appln.No.49/2026
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(ii) The applicants Abrar Shakil Sayyed, Ashpak Hanif
Sayyed, Ekbal Jaffar Sayyed, Zahir Amjad Shaikh and
Azhar Ahmed Shaikh be released on bail on furnishing
P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand)
each with one solvent surety of the like amount by each of
them in the above crime, on the conditions that :
(a) The applicants shall remain present on each date,
unless exempted by the trial Court.
(iii) Needless to state that, nothing stated hereinabove shall be
construed as an expression on merits of the case. Learned Trial
Court shall proceed independently and uninfluenced by the
observations made hereinabove.
(SACHIN S. DESHMUKH, J.)
fmp/-
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