Bombay High Court
SADIQUE ABDUL KARIM SHAIKHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court held that the applicant is entitled to bail as the case is prima facie and the prosecution has not established sufficient material to justify continued detention.
Summary
The applicant, Sadique Abdul Karim Shaikh, aged 60, is accused No.2 in CR No.405 of 2023 for offences including murder, attempt to murder, assault and conspiracy, arising from a dispute that escalated with weapons. The prosecution alleges he used an iron rod to assault the victim, but the rod was recovered from another co‑accused and no direct incriminating material links him to the crime. The trial has not commenced even after more than three years of incarceration, while a co‑accused has already been granted bail under similar circumstances. The applicant sought bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, citing the prolonged pre‑trial detention and lack of evidence. The Court observed that the applicant has made out a prima facie case for bail and that the prosecution has not demonstrated a necessity for continued custody. Consequently, the bail application was allowed subject to standard conditions, without any comment on the merits of the case.
Issues considered
- Whether the applicant is entitled to bail under Section 483 BNSS despite the seriousness of the charges.
- Whether the prolonged pre‑trial detention violates the right to a speedy trial and justifies bail.
- Whether the absence of direct incriminating material against the applicant warrants his release on bail.
Legislation cited
- Arms Act — s. 4(25)
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 120B, 143, 144, 147, 148, 149, 302, 307, 323, 504
- Maharashtra Police Act — s. 37(1) r/w 135
Subjects
- bail
- criminal procedure
- pre‑trial detention
- right to speedy trial
- conspiracy
- serious offences
- prima facie evidence
Judgment
6. BA 3498-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3498 OF 2026
Sadique Abdul Karim Shaikh .Applicant
Vs.
The State of Maharashtra .Respondent
ANAND Ms. Sana Raees Khan (Through VC) a/w. Mr. Jinay Jain, Advocates, for
SUDHAKAR
SUDAME the Applicant
Digitally signed by Mr. Amit A. Palkar, APP, for the Respondent – State
ANAND SUDHAKAR
SUDAME Mr. Sanjay Bagade, PSI, Wanwadi Police Station, Pune present
Date: 2026.09.21
21:43:29 +0530
CORAM : MILIND N. JADHAV, J.
DATE : 21.09.2026
P. C.
1. Heard Ms. Khan (Through VC), learned Counsel for the
Applicant and Mr. Palkar, learned APP for the Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No. 405 of 2023 registered with Wanwadi Police Station, Pune for
offences punishable under Sections 302, 307, 323, 504, 143, 144, 147,
148, 149, 120B of the Indian Penal Code, 1860, Section 4(25) of the
Arms Act, under Section 37(1) r/w. 135 of the Maharashtra Police Act
and under Section 7 of the Criminal Law Amendment Act.
3. The Applicant before me is arraigned as Accused No. 2 in the
Anand 1 of 5
6. BA 3498-2026.doc
present crime. He along with Accused No. 3, his son had summoned
the other co-accused persons to reason out the dispute with the
deceased Victim. It is seen that when the other co-accused arrived,they
had arrived along with weapons like Sword and Rod.The dispute or the
quarrel which had taken place on the previous day amongst the
deceased and absconding co-accused Nos. 7 & 8 was attempted to be
resolved by the present Applicant. The present Applicant is 60 years
old, whereas the other co-accused persons are all young offenders.The
charge of the prosecution against the present Applicant is that of
conspiracy. Learned Counsel would submit that there is no
incriminating material whatsoever recovered to define the precise role
of the Applicant but according to the prosecution case and the
statement that is recorded, it is stated that he had used a iron rod to
assault on the leg of the Victim. However, she would submit that the
said rod was recovered from another co-accused person and not the
Applicant. One of the co-accused persons namely Accused No. 6 has
already been granted bail by virtue of similarly placed circumstances by
the trial Court on 21.02.2024.The Applicant has been in incarceration
since 18.08.2023 for a period of over three years and one month. The
trial has not commenced though the charge has been framed. The
ignominy of the trial not been completed in the near foreseeable future
Anand 2 of 5
6. BA 3498-2026.doc
is prima facie evident.
4. In view of the aforesaid reasons, the Applicant has made out a
case for grant of 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 – Sadique Abdul Karim Shaikh is directed to
be immediately released from prison in connection with
CR. No. 405 of 2023;
(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
Wanwadi 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
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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
Anand 4 of 5
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hereinabove in this order.
7. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 5 of 5
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