Bombay High Court
MOHSIN RAHIM SHAIKHversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
Bail is granted to the accused with specified conditions.
Summary
The applicant, Mohsin Rahim Shaikh, was arrested on 2 April 2026 for allegedly stabbing a man with a knife during a quarrel, causing grievous abdominal injury that required surgery and a 15‑day ICU stay. He is charged under Sections 109(1) and 115(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant pleaded that the assault was spontaneous, without pre‑meditation, and that he has no prior criminal record, while the prosecution emphasized the seriousness of the injury. The court noted that the charge‑sheet had been filed but charges were not yet framed, and the applicant had been in custody for an extended period. Considering the lack of pre‑meditation, the applicant’s solitary involvement, and the need to avoid undue detention, the court granted bail subject to stringent conditions. The order also stipulated that any breach would permit cancellation of bail.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the grievous injury caused under Sections 109(1) and 115(2) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2)
Subjects
- bail
- grievous injury
- assault
- Section 109
- Section 115
- Bharatiya Nyaya Sanhita
- heat of passion
- pre‑meditation
- conditions of bail
Judgment
2026:BHC-AUG:45750
935-BA-1639-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1639 OF 2026
Mohsin Rahim Shaikh ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT
....
Mr. T.M. Venjane, Advocate for applicant
Mr. D.J. Patil, A.P.P. for respondent - State
....
CORAM : HITEN S. VENEGAVKAR, J.
DATE : 29th SEPTEMBER, 2026
PER COURT :
1. Heard learned counsel for the applicant and learned A.P.P. for
State. With the able assistance of both the counsels, I have perused the entire
charge-sheet that has been annexed to the present application.
2. Present application for regular bail is preferred by the sole accused,
who came to be arrested on 02nd April, 2026 in connection with Crime No.
190 of 2026 dated 02nd April, 2026 registered with Gandhi Chowki Police
Station, Dist. Latur for the offences punishable under Sections 109(1) and
115(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution story in brief is that on the date of incident i.e. on
01st April, 2026 when the informant alongwith injured and one other friend
were proceeding for having dinner together in an auto-rickshaw, at that time
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present applicant stopped the said rickshaw and insisted to join them for
dinner. It is alleged that the injured – Arbaj opposed and told him not to join
them and at that time there was verbal quarrel which took place between the
injured and the present applicant. It appears that the injured witness
thereafter left the said rickshaw and was walking towards the hotel. At that
time, the present applicant chased him and assaulted with a knife in his
abdomen. The police papers records that the injury sustained to the injured
over abdomen on midline 4 to 5 cms. above umbilicus, due to which he had to
undergo surgery treatment and was kept in ICU for more than fifteen days.
The injury certificate clearly mentions that the injured sustained grievous
injury due to hard and sharp pointed weapon. The injury certificate also
mentions that surgery has been performed for emergency exploratory
laparotomy and for the purpose of liver repair which has been caused due to
stab injury.
4. Learned counsel for the applicant submits that the injury that is
caused is serious and grievous in nature and the present applicant is the only
accused person in the alleged offence. He does not dispute the prosecution
story at this stage but submit that present applicant was arrested on 02 nd
April, 2026 and since then he is in custody. The applicant has no criminal
antecedent. He argues that the incident in question has occurred on spour of
moment and there was no intention or preparation for committing the alleged
incident. He submits that taking into consideration the prosecution case as it
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is, it appears that the applicant wanted to join the trio for dinner. However,
the injured was the only person who opposed the same, and therefore, there
was quarrel. It looks like the incident occurred in absence of any intention
and in the heat of moment. He submits that the period undergone from 02 nd
April, 2026 be considered and the fact that the trial has not proceeded and
even the charges are not even framed till date, also be taken into
consideration and the applicant be released on bail on any stringent
condition.
5. Learned A.P.P. for State submits that the offence is serious in
nature and the injury that has been inflicted on the injured is grievous, which
is ultimately fall on abdomen for which the injured had to undergo surgical
treatment. He was in ICU for more than fifteen days and thereafter he was
discharged. Taking into consideration nature of injury and the vital part of
the injured has been inflicted, custody undergone is not proportionate to the
alleged offence. He thus prays that the application be rejected.
6. I have given considerable though to the prosecution story and the
investigation papers as well as submissions canvassed by both the learned
counsel. No doubt, the manner in which the assault has been inflicted is
serious. However, I am of the opinion that the injury which has been
sustained by the injured is caused by the applicant not by way of any
preparation or premeditation. The prosecution story itself appears that there
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was initial quarrel and thereafter in the heat of anger the alleged assault has
been caused. The applicant has no criminal antecedent and he has been
behind the bars since 02nd April, 2026. Till date the charges have not been
framed, and therefore, initiation of trial is likely to take some more time.
Taking into consideration the period undergone, investigation is completed
and the charge-sheet is filed and also the present applicant being the only
accused person, he can be released on bail by imposing some stringent
conditions.
7. Learned A.P.P. forcibly states that the applicant shall stay outside
the municipal limits of Latur city and will enter the city only for the purpose
of attendance to the Investigating Officer and attending the Court dates.
8. In view of above, I pass the following order :-
ORDER
(i) The Bail Application is allowed.
(ii) The applicant shall be released on bail in Crime No. 190 of
2026 dated 02nd April, 2026 registered with Gandhi Chowki
Police Station, Dist. Latur for the offences punishable under
Sections 109(1) and 115(2) of the Bharatiya Nyaya Sanhita,
2023, on furnishing a personal bond of Rs. 50,000/-
(Rupees Fifty Thousand only) with one or two solvent surety
in the like amount, subject to the following conditions :
a) The applicant shall attend the trial Court on every date
fixed, unless his attendance is specifically exempted.
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b) The applicant shall attend Gandhi Chowki Police
Station, Dist. Latur once in a month i.e. on first
Monday of every month till conclusion of trial.
c) The applicant shall not, directly or indirectly, contact,
threaten, induce or influence the informant or any
prosecution witness and shall not tamper with the
prosecution evidence.
d) The applicant shall furnish his current residential
address and mobile number to the Investigating Officer
and the trial Court within seven days of release,
intimate any change forthwith, and attend the
Investigating Officer upon prior written notice if further
investigation is required.
e) The applicant shall not leave India without prior
permission of the trial Court and, if he possesses
passport, shall deposit the same with the trial Court
within seven days of his release.
f) The applicant shall not involve himself in any offence
of a similar nature while on bail.
g) Breach of any of the above conditions shall entitle the
prosecution to apply for cancellation of bail.
(iii) All observations in this order are prima facie and confined to
the decision of this bail application. The trial Court shall
decide the case on the evidence led before it.
(iv) The Bail Application is disposed of in the above terms.
( HITEN S. VENEGAVKAR, J. )
SSD
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