Bombay High Court
ABDUL GAFFAR KURBAN KHANversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail was granted to the applicant on the condition of a personal bond and sureties.
Summary
The applicant, Abdul Gaffar Kurban Khan, was charged under IPC sections 302, 307, 120(b), 212, 201 r/w 34 and Arms Act sections 3, 5, 25 and 27 for allegedly murdering a person and attempting to kill his brother. He had been in custody for over three years with no progress in the trial, while co‑accused facing similar charges were released on bail. The applicant argued lack of antecedents and invoked the principle of parity to seek regular bail. The State contended that the applicant might abscond or tamper with witnesses. The Court noted that conspiracy must be proved by evidence, the applicant had no prior record, and parity justified bail, imposing conditions to prevent interference with the investigation. Consequently, bail was granted on a personal bond of Rs.30,000 with sureties and strict conditions.
Issues considered
- Whether the applicant is entitled to regular bail despite charges of murder, attempt to murder and conspiracy
- Whether the risk of absconding or witness tampering outweighs the principle of parity with co‑accused released on bail
Legislation cited
- Arms Act — s. 25, 27, 3, 5
- Indian Penal Code, 1860 — s. 120(b), 201, 212, 302, 307, 34
Subjects
- bail
- conspiracy
- murder
- IPC
- Arms Act
- parity
- antecedents
- witness tampering
Judgment
3-BA-2040-2025 (CR) .doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2040 OF 2025
Abdul Gaffar Kurban Khan … Applicant
Versus
The State of Maharashtra … Respondent
_________________________________________________________________
Mr.Satish Muley a/w. Mr. Mosin Naik, Advocates for the Applicant.
Smt. Ranjana D. Humane, APP for the Respondent-State.
Digitally signed
D.M.Lokhande, Yeola City Police Station, Nashik Rural present.
by SONALI
SONALI SATISH
KILAJE
SATISH Date:
KILAJE 2026.02.02
10:22:39
_________________________________________________________________
+0700
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th JANUARY, 2026.
P.C. :
1. By this application, the Applicant is seeking regular bail in
C.R.No. 198 of 2022 registered with Yeola City Police Station, Nashik, for
the offences punishable under Sections 302, 307, 120(b), 212, 201 r/w. 34
of Indian Penal Code, 1860 (for short “IPC”) and Section 3, 5, 25 and 27 of
Arms Act.
2. It is prosecution’s case that on 05.07.2022, the applicant and
co-accused murdered the deceased by shooting him from pistol and fired at
his brother with intention to kill them.
3. It is contention of learned counsel for the applicant that
applicant is behind bars for more than three years. There is no progress in
the trial. The allegations against the applicant are of conspiracy. He has
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S.S.Kilaje
no antecedents. The co-accused having similar allegations have been
released on bail. Hence applicant is entitled for bail on the principle of
parity and requested to allow the application.
4. It is contention of learned APP that the applicant conspired to
kill the deceased with co-accused. If the applicant is released on bail, he
may abscond or threaten prosecution witnesses. Hence, requested to reject
the application.
5. I have heard both the learned counsel. Perused chargesheet
and documents produced on record. The allegations against the applicant
are of conspiracy. To prove conspiracy evidence is required. The applicant
has no antecedents. The co-accused having similar allegations have been
released on bail. Hence, applicant is entitled for bail on the principle of
parity. In view of above, I pass following order.
ORDER
i. The applicant be enlarged on bail in C.R.No. 198 of
2022 registered with Yeola City Police Station,
Nashhik, on executing P.R.Bond of Rs. 30,000/- on
furnishing one or two sureties in the like amount.
ii. The applicant shall attend the concerned police station
as and when required.
iii. The applicant shall not tamper with the evidence or
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S.S.Kilaje
attempt to influence or contact the complainant,
witnesses or any person concerned with the case.
6. The application is allowed in the aforesaid terms and is
accordingly disposed of. All pending applications, if any, disposed of.
7. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
8. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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