Bombay High Court

AZEEM SAHEBLAL SHAIKHversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED
Bench: SACHIN S DESHMUKH

Holding

The court allowed the bail application, holding that further incarceration is unjustified in the absence of a test identification parade and given the procedural lapses.

Summary

The applicant, Sahebkha Yasinkha Pathan, was arrested in connection with Crime No. 401/2025 for offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The FIR, lodged late, named unknown persons and no test identification parade was conducted, while co‑accused were released on bail. The applicant argued that the case was a false implication and that continued detention was unjustified. The prosecution contended that the applicant was involved in a serious crime. The court observed the procedural deficiencies—delay in FIR registration and absence of an identification parade—and concluded that further incarceration would serve no purpose, especially since the investigation was complete and a charge‑sheet filed. Consequently, the court granted regular bail with standard conditions, emphasizing that the order does not comment on the merits of the case.

Issues considered

Whether bail should be granted when the FIR is lodged against unknown persons and no test identification parade has been conducted.
Whether the delay in registration of the FIR justifies the grant of bail.
Whether the completion of investigation and filing of a charge‑sheet affect the discretion to grant bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 118(2), 119(1), 119(2), 189(2), 189(4), 351(2), 352, 61(2)

Subjects

bail
false implication
identification parade
delay in FIR
Bharatiya Nyaya Sanhita
criminal procedure
bail conditions

Judgment

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       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

          918 BAIL APPLICATION NO. 2430 OF 2025 WITH
             CRIMINAL APPLICATION NO. 39 OF 2026
                        IN BA/2430/2025

Sahebkha Yasinkha Pathan                        ….Applicant

VERSUS

The State of Maharashtra                        …..Respondent

Mr. A. R. Borulkar, Advocate for Applicant.
Mr. B. B. Bhise, APP for the State.
Mr. Satej Jadhav, Advocate for the Informant.

                              CORAM : SACHIN S. DESHMUKH, J.
                              DATE  : 23rd JANUARY, 2026.
PER COURT :


1.     Learned Advocate Mr. Satej Jadhav seeks permission to assist

learned APP.


2.    Permission granted.    Criminal Application No. 39/2026 is

allowed and stands disposed of.


3.    Applicant seeks regular bail in connection with Crime No.

401/2025 registered with Pundlik Nagar Police Station, Chhatrapati

Sambhajinagar City, Dist. Chhatrapati Sambhajinagar, for the

offences punishable under Sections 109(1), 118(2), 189(2), 189(4),

119(1), 119(2), 61(2), 351(2), 352 of Bharatiya Nyaya Sanhita, 2023.
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4.    The case of prosecution is that on 26.09.2025 at about 6.17

pm when the informant was proceeding on his motorcycle, three

persons came from behind on motorcycle and kicked the motorcycle.

They assaulted the informant with kicks.      At that time, four more

persons accompanied them. One of them hit iron rod on his right

leg. In the incident, informant sustained fracture injuries. In this

backdrop, First Information Report came to be lodged.


5.    Learned Counsel for the Applicant submits that this is a case

of false implication. The First Information Report was lodged against

unknown persons.         The prosecution has not conducted Test

Identification parade. The Applicant is arrested only on the ground

of suspicion.   Furthermore, co-accused are released on bail. It is

further submitted that there is delay in registration of the report and

nothing is to be recovered from the Applicant. Investigation in the

crime is complete and charge-sheet is filed. Hence, prayed to enlarge

the Applicant on bail.


6.    Per contra, learned APP and learned Counsel for the informant

vehemently opposed the application submitting that the Applicant is

involved in a serious crime and his complicity is apparent. Hence,

prayed to reject the application.
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7.    Upon hearing learned Counsel for both sides and on perusal of

the material on record, including charge-sheet, it is evident that the

First Information Report is registered against unknown persons.

Moreover, there is delay in lodging of First Information Report. The

prosecution has not conducted Test Identification parade. In absence

of Test Identification parade, further incarceration of the Applicant is

unjustified.


8.    Nevertheless investigation in the crime is complete for all intent

and purpose. Charge-sheet is also filed. Thus, no fruitful purpose

would be served by keeping the applicants behind the bars. I am

inclined to exercise discretion in favour of the Application.


9.    Hence, the following order :-

                                   ORDER

     (i)       Application is allowed.
     (ii)      Applicant Sahebkha Yasinkha Pathan, be released on
     bail, on furnishing P.R. bond in the sum of Rs. 50,000/-
     (Rs. Fifty Thousand) with one or two local solvent sureties,
     in the like amount, in connection with Crime No. 401/2025
     registered with Pundlik Nagar Police Station, Chhatrapati
     Sambhajinagar City, Dist. Chhatrapati Sambhajinagar, for
     the offences punishable under Sections 109(1), 118(2),
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      189(2), 189(4), 119(1), 119(2), 61(2), 351(2), 352 of Bharatiya
      Nyaya Sanhita, 2023., on the following conditions :-
      (a)     The Applicant shall not pressurize the prosecution
      witnesses and tamper with the prosecution evidence, in
      any manner.
      (b)     The Applicant shall attend the trial on each and
      every date unless exempted by the Trial Court and shall
      not leave the area of jurisdiction of the concerned Police
      Station till conclusion of the trial.
      (c)     The Applicant shall submit Aadhar and Pan Cards
      to the Investigating Officer and detailed address and
      phone numbers of the Applicant and two of the near
      relatives.
      (d)     In case of breach of any of the conditions by the
      Applicant, it is open for the prosecution to move this
      Court seeking cancellation of bail.


  (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.)

dyb

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