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Bombay High Court

HASIM FAIJUDDIN SHAIKHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

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

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


                                   Page 2 of 3
                                                                    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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