Bombay High Court
HASIM FAIJUDDIN SHAIKHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail was granted on the basis of parity with the co‑accused and the inordinate delay in trial.
Summary
Hasim Faijuddin Shaikh applied for regular bail in a criminal case (C.R.No. 651 of 2023) involving alleged bank robbery and assault on police officers, charged under several IPC sections, the Arms Act and the Maharashtra Police Act. The prosecution alleged that the accused attempted a robbery on 08 July 2023, broke into a bank, and assaulted police with a sharp weapon intending to kill. The applicant argued that he had been in custody for over two and a half years with no trial progress, while a co‑accused facing similar charges had already been released on bail, invoking the principle of parity. The court noted the inordinate delay, the applicant’s right to bail, and the precedent of granting bail to the co‑accused, and ordered his release on a personal bond of Rs.30,000 with sureties, subject to standard conditions. The bail order was granted and the application disposed, with the trial court directed to decide the case on its merits independently.
Issues considered
- Whether bail should be granted in a case involving serious offenses including attempted murder and assault on police officers.
- Whether the prolonged pre‑trial detention and parity with a co‑accused released on bail justify granting bail.
- Whether the applicant poses a risk of absconding, tampering with evidence, or influencing witnesses.
Legislation cited
- Arms Act — s. 4(25)
- Indian Penal Code, 1860 — s. 307, 353, 395, 398, 458, 511
- Maharashtra Police Act — s. 135, 37(1)(3)
Subjects
- bail
- criminal procedure
- IPC
- Arms Act
- police assault
- parity
- pre‑trial detention
- trial delay
Judgment
72-BA-275-2026.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 275 OF 2026
Hasim Faijuddin Shaikh … Applicant
Versus
The State of Maharashtra … Respondent
NILAM
Digitally signed
by NILAM
SANTOSH
________________________________________________________
SANTOSH KAMBLE
KAMBLE Date: 2026.02.16
12:41:27 +0530
Mr.Sachin Deokar, for the Applicant.
Mr.M.G. Patil, APP for Respondent-State.
Mr.Lalit More, PSI, Wakad Police Station.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 12th FEBRUARY 2026
P.C. :
. By this application, the applicant is seeking regular bail in
C.R.No. 651 of 2023 registered with Wakad Police Station, Pune for the
offences punishable under Sections 307, 353, 395, 398, 458, 511 of Indian
Penal Code, 1860, Sections 4(25) of the Arms Act and Section 37(1)(3)
read with 135 of the Maharashtra Police Act.
2. It is prosecution’s case that on 08.07.2023, some unknown
persons tried to rob the bank by breaking open the door of the said bank.
When first informant and police personnel tried to prevent them, he
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72-BA-275-2026.doc
N.S.Kamble
assaulted them with sharp weapon with an intention to kill them and
thereafter ran away. It is alleged that applicant was one of those eight
persons, who tried to rob the bank.
3 It is contention of learned counsel for the applicant that the
applicant is behind bars for more than 2 ½ years. There is no progress in
the trial. The co-accused, against who similar allegations are made, has been
released on bail by this Court. Hence, the applicant is entitled to bail on the
principle of parity and requested to allow the applications.
4. It is contention of learned APP that the applicant has two
antecedents. They attempted to rob the bank. When police personnel
prevented them, the applicant and co-accused tried to assault the police
personnel with an intention to kill them. If applicant is released on bail, he
may abscond and requested to reject the application.
5. I have heard all learned counsel. Perused charge-sheet and
documents produced on record. The applicant is behind bars for more than
2 ½ years. There is no progress in the trial. The co-accused, against who
similar allegations are made, has been released on bail by this Court. Hence,
the applicant is entitled for bail on the principle of parity and I pass
following order:
ORDER
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72-BA-275-2026.doc
N.S.Kamble
(i) The applicant-Hasim Faijuddin Shaikh is released on
bail in C.R.No. 651 of 2023 registered with Wakad Police
Station, Pune, on executing P.R.Bond of Rs.30,000/- each,
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
attempt to influence or contact the complainant, witnesses or
any person concerned with the case.
The application is allowed in the aforesaid terms and are
accordingly disposed of.
6. 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.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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