Bombay High Court
PARVEZ ALIAS SAHIL HAIDERALI INAMDARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to the conditions stipulated by the court.
Summary
The applicant, Parvez Alias Sahil Haiderali Inamdar, was arrested in connection with a violent incident at a hospital where several accused, including one who fired a pistol, attacked the complainant. The applicant allegedly fled the scene after a constable attempted to seize his rifle and has been in custody for over four years without trial, while the prosecution seeks to examine 63 witnesses. The applicant filed a bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 and Section 439 of the IPC, arguing violation of his right to a speedy trial. The court, noting the applicant's prima facie lesser role, the prolonged pre‑trial detention, and the need for parity with other accused who were granted bail, allowed the bail application subject to strict conditions. The order expressly limited its observations to bail and did not address the merits of the underlying offences.
Issues considered
- The applicability of Section 483 BNSS, 2023 and Section 439 IPC for granting bail to the applicant.
- Whether the applicant's prolonged pre‑trial detention violates the right to a speedy trial.
- The applicant's alleged role in the offence and its impact on bail eligibility.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Criminal Law Amendment Act — s. 3(25), 4(23)
- Indian Penal Code — s. 439
- Maharashtra Police Act — s. 135, 3, 7
- MCOCA, 1999 — s. 3(1), 3(2), 3(4), 3(II)
Subjects
- bail
- speedy trial
- right to bail
- hospital incident
- serious offences
- BNSS
- IPC
- MCOCA
- pre‑trial detention
Judgment
70. BA 1726-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1726 OF 2026
Parvez Alias Sahil Haiderali Inamdar .Applicant
Vs.
The State of Maharashtra .Respondent
ANAND
SUDHAKAR Mr. Manan K. Shah, Advocate, for the Applicant
SUDAME Mr. S. A. Karmakar, APP, for the Respondent – State
Digitally signed by
ANAND SUDHAKAR
Mr. Dinesh Vitthal Shinde, PSI, Bundgarden Police Station, Pune
SUDAME
Date: 2026.09.23
present
19:57:05 +0530
CORAM : MILIND N. JADHAV, J.
DATE : 22.09.2026
P. C.
1. Mr. Shah, learned Counsel for the Applicant, Mr. Karmakar,
learned APP for the Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) and under Section
439 of the Indian Penal Code, 1860 (for short “IPC”) in connection
with C.R.No. 240 of 2022 registered with Bundgarden Police Station,
Pune for offences punishable under Sections 307, 353, 332, 120B, 141,
143, 144, 147, 148, 149 of the IPC, under Sections 3(25), 4(23) of the
Criminal Law Amendment Act, under Sections 3, 7 & 135 of the
Maharashtra Police Act & 3(1), (II), 3(2), 3(4) of the MCOCA, 1999.
Anand 1 of 5
70. BA 1726-2026.doc
3. The incident in question occurred in a public place namely a
hospital, where the Accused persons barged him with the obvious
intention to harm the Complainant, who was admitted and undergoing
and taking treatment therein in the hospital. The principal Accused are
Accused No. 1, who, in fact, fired from his pistol but missed the
Complainant. Insofar as Accused Nos. 5, 6, 7 & 9 are concerned, they
were all armed just like the Applicant before the Court. All these
Accused persons have been granted bail. The Applicant is incarcerated
for the past more than four years. The trial has not commenced and the
prosecution desires to examine a probable 63 witnesses. The Applicant
seeks parity as also right of the Applicant for speedy trial having been
infringed.
4. Considering the role of the Applicant which is prima facie seen
from the prosecution case exhibited at para No. 16.4 at page No. 15 of
the Charge-sheet, it is prima facie seen that the Applicant was one of
the persons, who was accompanying the others but the moment the
constable on duty removed his 303 rifle to take on the Applicant, it is
seen that the Applicant ran away from the hospital. Considering the
role of the Applicant in the crime which is prima facie shown by the
prosecution on the basis of the statements given by the witnesses as
also parity and long incarceration pending trial and the ignominy that
Anand 2 of 5
70. BA 1726-2026.doc
the trial not having commenced and for that matter to conclude to take
a humongous period of time, the Applicant is granted bail.
5. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) Applicant – Parvez Alias Sahil Haiderali Inamdar is
directed to be immediately released from prison in
connection with CR. No. 240 of 2022;
(ii) Applicant is directed to be released on bail on furnishing
P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand
only) with one or two sureties of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Bundgarden Police Station, Pune, once every month, on
the first Monday of the month between 10:00 a.m. to
12:00 p.m. until commencement of trial and thereafter
shall attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
Anand 3 of 5
70. BA 1726-2026.doc
entitle the prosecution to apply for cancellation of bail;
(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 residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
6. It is clarified that the observations made in this order are limited
for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
Anand 4 of 5
70. BA 1726-2026.doc
7. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 5 of 5
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