Bombay High Court
PAPPU @ SHAFIUL AHAMAD AAYNAAL MIYAversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant on the terms and conditions specified by the court.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Pappu @ Shafiul Ahamad Aaynaal Miya, accused No.1 in a murder case (IPC Sections 302 and 34). The prosecution’s case rests on circumstantial evidence and the victim’s dying statement, while only one of the proposed 46 witnesses has been examined and the trial has stalled for over four years. The applicant has been in custody for more than four years and suffers from Hepatitis‑B, raising concerns of health and prolonged deprivation of liberty. The court noted the principle of parity, the lack of progress in the trial, and the applicant’s medical condition as grounds to grant bail. Accordingly, bail was granted on a Rs.25,000 bond with multiple conditions, including regular reporting to the police, non‑interference with witnesses, and staying within Maharashtra.
Issues considered
- Whether bail should be granted to an accused in a murder case (IPC 302, 34) under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering the seriousness of the offence, circumstantial evidence, and the victim’s dying statement.
- Whether the length of pre‑trial detention (over four years), health condition (Hepatitis‑B), and trial delay justify bail despite the nature of the charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 302, 34
Subjects
- bail
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- IPC 302
- IPC 34
- circumstantial evidence
- trial delay
- health condition
- Maharashtra
Judgment
46. BA-1461-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1461 OF 2026
Pappu @ Shafiul Ahamad Aaynaal Miya .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Tanveer Aziz Patel, Advocate for Applicant
Ms. Anuja S. Gotad, APP for State
Mr. Pradnesh Kothekar, PN 2044, Navi Mumbai
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 28, 2026
P. C.:
1. Heard Mr. Patel, learned Advocate for Applicant and Ms. Gotad,
learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with Crime No.
290 of 2022 registered with Khandeshwar Police Station for the
offences punishable under Sections 302 and 34 of the Indian Penal
Code, 1860 (for short "IPC".).
3. There are four accused persons in the present crime. Accused
Nos. 3 and 4 have already been enlarged on bail. The role of the
present applicant arrayed as accused No. 1 is on the basis of
circumstantial evidence. The theory and angle of infidelity is the
reason and the motive for the present crime. The same undoubtedly
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will have to be proved by the prosecution at trial. There is no progress
in the trial since only one witness has been examined out of the
proposed 46 witnesses and the Applicant is already incarcerated for
more than 4 years in custody.
4. Learned APP would persuade me to consider the witness
statements appended at page 140 onwards. She has also taken me
through the witness statements and would contend that it is the
deceased victim who had, in fact, named the present accused person. I
have read the said statement. It is prima facie seen that after being
injured, the victim had requested the said persons to take him to the
hospital and thereafter lost consciousness altogether. However, by
taking the said person to the hospital, the said witnesses learnet from
another witness called Asmira Khatun, about the Applicant having
been involved in the crime along with three other accused persons.
5. Considering the grounds of parity as also long incarceration
and the ignominy of the trial not being completed in the near
foreseeable future and most importantly, the Applicant being suffering
from Hepatitis-B infection as reflected from the medical investigation,
I am inclined to consider the Applicant's request for grant of bail on all
the aforesaid grounds. Hence, the Applicant is granted bail on the
following terms and conditions:-
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(i) Applicant is directed to be immediately released on bail
from prison in connection with FIR No. 290 of 2022;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
only) with one or two sureties in the like amount;
(iii) Applicant shall report to the Investigating Officer at
Khandeshwar Police Station, once every month on the
first Sunday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
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(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
6. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
7. Bail Application is allowed and disposed of in the above terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.28
20:42:19
+0530
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