Bombay High Court

ABDUL REHMAN SHAIKH S/O MOHD. NAJIR SHAIKHversusSTATE OF MAHARASHTRA

Decided: 22 September 2026
Disposal: Disposed Off

Holding

The court held that without proof that the applicant entered the victim’s room or that the recovered property is connected to the crime, bail must be granted.

Summary

Abdul Rehman Shaikh was charged under Sections 302, 397, 452, 341, 120B and 34 of the IPC for the murder and robbery of a woman on 7-8 October 2019. The prosecution alleged that the accused, together with co‑accused A2‑A4, conspired to commit the crime and recovered a broken gold chain, cash and a mobile phone from the applicant. The trial court refused bail, but the applicant’s counsel argued that the evidence was insufficient, noting that only five witnesses had been examined and co‑accused of similar role were on bail. The State contended that a co‑accused had pointed out the victim’s room to the applicant, and the recovered items linked him to the offence. The judge held that the mere pointing of the room did not prove participation and that the prosecution had not connected the recovered property to the crime, and therefore granted bail with a bond and reporting conditions.

Issues considered

Whether the evidence disclosed by the prosecution is sufficient to justify denial of bail in a case involving murder and robbery.
Whether the act of a co‑accused pointing out the victim’s room to the applicant can be inferred as participation in the murder.
Whether the recovery of gold ornaments and cash from the applicant establishes a link to the alleged offences for bail purposes.

Legislation cited

Indian Penal Code — s. 120B, 302, 34, 341, 397, 452

Subjects

bail
murder
robbery
IPC
evidence
conspiracy
criminal procedure
presumption of innocence

Judgment

P.H. JAYANI                                               902 BA1602.2025.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 1602 OF 2025

Abdul Rehman Shaikh s/o. Mohd Najir Shaikh                 …. Applicant
      V/s.
The State of Maharashtra                                  …Respondent


Adv. Madhulika Srinivasan i/b. Adv. Jyoti Ghorpade for the
applicant.
Ms. S.K. Gajare, APP for the Respondent – State.
Mr. R.B. Thange, PSI, Malwani Police Station, present.


                            CORAM:        SHYAM C. CHANDAK, J.
                            DATED :       22nd SEPTEMBER, 2026

P.C. :-

1.        Heard learned Counsel for the parties. Perused the record.

2.        Present Application seeking release of the applicant on bail
in Cr.No.777/2019 registered with Malwani Police Station,
Mumbai for the offence punishable under Sections 302, 397, 452,
341, 120B read with 34 of the Indian Penal Code (“IPC”) on the
report dated 08.10.2019 filed by Shri. Dipak Gupta.

3.        The prosecution case is that, on the night intervening 7 th and
8th October 2019, some unknown person entered in the house of
the mother of the informant and committed her murder. The gold
chain and gold earrings on the person of the deceased, a mobile
phone and cash Rs.1,50,000/- in the room were missing.
Therefore, the aforesaid crime came to be registered. During
investigation, police arrested the accused persons including the
applicant. Pursuant to the disclosure statement made by the
applicant, a broken gold chain and cash Rs.10,000/-, the alleged
property of the offence, was recovered from him. There is recovery

                                 Page 1 of 4
P.H. JAYANI                                            902 BA1602.2025.DOC



of cash Rs.3,800/-, a mobile phone and a pair of gold ear buds
from A4. Investigation revealed that the applicant alongwith A2 to
A4 committed this offence by hatching a conspiracy. Investigation
led to filing of charge-sheet. The trial Court declined to release the
applicant on bail. Hence, this Application.

4.       Ms. Srinivasan, the learned Counsel for the applicant
submitted that there is no sufficient evidence against the applicant
showing his involvement in the crime. The applicant is behind
bars for more than 7 years. Till date, only five witnesses have been
examined in this case. The co-accused having similar role in the
crime, have been released on bail. Therefore, bail be granted.

5.       In response, Ms. Gajare, the learned APP submits that just
few hours before the murder, the co-accused Shafique Khan had
pointed out the room of the victim to the applicant and A4.
Thereafter, the murder was committed by the applicant alongwith
his co-accused. The recovery of the gold ornaments, cash and
mobile phones supports the case against the applicant. Therefore,
bail be refused.

6.       I have considered these submissions. There are two
witnesses who have stated that, on 7 th October 2019, at about
12.00 mid-night, co-accused Shafique, present applicant and A4
had visited the place of Shafique. At that time, Shafique had
pointed the room of the victim to the applicant and A4. However,
there is no evidence that any of the accused persons had entered in
the room of the deceased and they were seen while exiting that
room. Therefore, only on the basis that co-accused Shafique had
pointed the room of the deceased to the applicant and A4, it
cannot be inferred that the room was pointed out to the co-
accused persons with an intention that they should enter that

                               Page 2 of 4
P.H. JAYANI                                              902 BA1602.2025.DOC



room and commit the murder. Considering the facts and
circumstances of the case, the prosecution will have to prove that
the gold chain recovered by the applicant is connected with the
crime. Therefore, I am inclined to release the applicant on bail.
Hence, following Order :-

         (i)    The applicant - Abdul Rehman Shaikh s/o. Mohd
         Najir Shaikh be released on bail in Cr.No.777/2019
         registered with Malwani Police Station, Mumbai for the
         offence punishable under Sections 302, 397, 452, 341, 120B
         read with 34 of the IPC, on his executing P.R. Bond in the
         sum of Rs.50,000/- with one or two sureties in the like
         amount.

         (ii)   The applicant shall mark his attendance at Malwani
         Police Station, Mumbai once in a month between 11:00 a.m.
         to 2:00 p.m. till conclusion of the trial.

         (iii) The applicant shall regularly attend the proceedings
         before the jurisdictional Court unless exempted by the said
         Court, for the reasons to be recorded in writing.

         (iv)   The applicant shall not tamper with the prosecution
         evidence and shall not directly or indirectly influence the
         prosecution witnesses to prevent them from deposing
         against him.

         (v)    On being released from jail, the applicant shall
         furnish his contact number and residential address to the
         Investigating Officer and shall keep him updated in case
         there is any change.




                                 Page 3 of 4
                      P.H. JAYANI                                                  902 BA1602.2025.DOC


                               (vi)   It is clarified that any observation made in the present
                               Order are for the purpose of deciding the present Bail
                               Application and should not influence the outcome of the
                               trial and also not be taken as an expression of opinion on
                               the merits of the case.

                      7.       Bail Application stands disposed of in aforesaid terms.




  PREETI
  HEERO                                                                (SHYAM C. CHANDAK, J.)
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.24
14:51:48 +0530




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