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Bombay High Court

MOHAMMD UMAR JALALUDDIN SHAIKHversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that the absence of corroborative forensic evidence, uncooperative prosecution witnesses, and the applicant's three‑year pre‑trial custody without antecedents warranted the grant of bail subject to conditions.

Summary

The applicant, Mohammad Umar Jalaluddin Shaikh, was charged with murder, abetment of suicide, and offences under the Arms Act arising from an alleged killing of a pan‑shop employee. The prosecution alleged that the applicant murdered the deceased and conspired to destroy evidence, but five prosecution witnesses, including the informant, did not support the case, and the forensic evidence (blood‑stained knife and clothing) lacked proper documentation. The applicant had been in custody for three years without any prior criminal record. The counsel highlighted the weak evidentiary basis and the applicant's prolonged pre‑trial detention. Considering the lack of solid proof, the applicant's clean record, and the principle of liberty, the court granted bail with strict conditions. The order also directed the applicant to attend police station monthly and comply with further procedural requirements.

Issues considered

  • Whether bail should be granted to the accused in a murder and Arms Act case given the evidentiary deficiencies and prolonged pre‑trial detention.

Legislation cited

Subjects

  • bail
  • murder
  • Indian Penal Code
  • Arms Act
  • pre‑trial detention
  • evidence
  • criminal procedure

Judgment

P.H. JAYANI                                               14 BA2319.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                 BAIL APPLICATION NO. 2319 OF 2026

Mohammd Umar Jalaluddin Shaikh                           …. Applicant
      V/s.
The State of Maharashtra                                …Respondent


Mr. A.R. Bukhari for the Applicant.
Mr. Tanveer Khan, APP for the Respondent -State (through VC).
Mr. Sitaram V. Dhuma, PSI, Padgha Police Station, present.


                            CORAM:       SHYAM C. CHANDAK, J.
                            DATED :      5th OCTOBER, 2026

P.C. :-

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

2.        The applicant seeks his release on bail in Sessions Case
No.4/2024 pending before the learned Additional Sessions Judge,
Bhiwandi arising out of Cr.No.I-501/2023 registered with Padgha
Police Station, Thane (Rural) for the offence punishable under
Sections 302, 201 and 34 of the Indian Penal Code, 1860 (“IPC”)
and Sections 4 and 25 of the Arms Act, 1959, on the report dated
11.09.2023 filed by Mr. Vinay Mangal Niranjan, the informant.

3.        The prosecution case is that, at the relevant time, the
applicant had employed the deceased Mohammad Mokim Noor
Mohammad to run his pan shop. As alleged, the deceased was not
giving proper cash accounts of the pan shop to accused No.1. On
that account, a dispute arose between A1 and the deceased.
Therefore, on 11.09.2023, at about 04:30 hours, at Padgha, the
applicant committed murder of the deceased by cutting his throat.


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P.H. JAYANI                                                 14 BA2319.2026.DOC



Further, the applicant and accused No.2 caused disappearance of
evidence. Therefore, the applicant was arrested and on completion
of investigation, police submitted the charge-sheet. The trial Court
refused to release the applicant on bail. Hence, this application.

4.       Mr. Bukhari, the learned counsel for the applicant
submitted that, Till the date, five prosecution witnesses have been
examined in this case including the informant. All of them did not
support the prosecution case. He submits that the other evidence
is the seizure of clothes of the applicant and recovery of blood-
stained knife. He submitted that the seizure panchanama does not
mention that the clothes recovered from the applicant and co-
accused were stained with blood. As alleged, the knife recovered
by the applicant was stained with blood but its CA report is not
produced on record.

5.       The applicant is in jail for last three years and he has no
criminal antecedents. Therefore, I am inclined to allow the
application. Hence, following Order :-

         (i)    The applicant – Mohammd Umar Jalaluddin Shaikh
         be released on bail in the aforesaid Sessions Case No.4/2024
         pending before the learned Additional Sessions Judge,
         Bhiwandi arising out of Cr.No.I-501/2023 registered with
         Padgha Police Station, Thane (Rural), on his executing a
         P.R. Bond in the sum of Rs.1,00,000/- with one or more
         sureties in the like amount.

         (ii)   The applicant shall mark his attendance at Padgha
         Police Station, Thane (Rural) on 1st day of each month,
         between 11:00 a.m. to 2:00 p.m., till conclusion of the trial.



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                      P.H. JAYANI                                                 14 BA2319.2026.DOC



                               (iii)   The applicant shall regularly attend the proceedings
                               before the jurisdictional Court.

                               (iv)    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.

                               (v)     The applicant shall not indulge in identical activities
                               for which he has been arraigned in this case.

                               (vi)    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.

                               (vii)   It is clarified that any observation made in the present
                               Order are for the purpose of deciding the present Bail
                               Application. The trial Court shall decide the said case
                               without getting influenced by any of the said observations.

                      7.       Bail Application stands disposed of in aforesaid terms.



  PREETI                                                 (SHYAM C. CHANDAK, J.)
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.10.06
12:50:10 +0530




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