Bombay High Court
KISHOR ALIAS PAPPU PRAKASH BHANDversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- RAJNISH R VYAS
Holding
The court held that, in view of the completed investigation, lack of criminal antecedents, and parity with co‑accused already on bail, the accused are entitled to bail.
Summary
The court considered bail applications filed by Asif Salim Shaikh and Kishor alias Pappur Bhand, accused in FIR No. 151/2025 for the murder of Matin by a puncture wound from an iron nail. The prosecution argued the offence was serious, supported by post‑mortem evidence and an eyewitness statement. The defence contended there was no pre‑meditated intent, the incident was a spur‑of‑the‑moment scuffle, and the accused have no prior criminal record, citing the recent bail granted to co‑accused Gautam and Sohail. The judge noted that the investigation was complete, the weapon’s size was undisclosed, but the lack of antecedents and parity with co‑accused favored bail. Consequently, the court granted bail to both applicants with standard conditions.
Issues considered
- Whether bail can be granted to the accused under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita despite the death of the victim.
- Whether the seriousness of the offence and the existence of eyewitness testimony preclude bail.
- Whether the absence of prior criminal antecedents and parity with co‑accused released on bail justify granting bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- intent
- iron nail
- Bhartiya Nyaya Sanhita
- criminal antecedents
- witness tampering
Judgment
2026:BHC-AUG:11793
1 902.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 334 OF 2026
ASIF SALIM SHAIKH
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Applicant : Mr. Thorat Nanabhau R.
APP for Respondents : Mr. N.R. Dayma
...
WITH
BAIL APPLICATION NO. 358 OF 2026
KISHOR ALIAS PAPPUR BHAND
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. K.N. Shermale
APP for Respondent : Mr. N.R. Dayma
...
CORAM : RAJNISH R. VYAS, J.
DATE : 18TH MARCH, 2026
PER COURT :
1. These two applications are filed by the accused persons,
named in First Information Report No. 151/2025, dated 10.08.2025,
registered with Aashwi Police Station, District Ahilyanagar, for
commission of offences punishable under Sections 103 (1), 3 (5) of the
Bhartiya Nyaya Sanhita, 2023.
2. Applicant in Bail Application No. 334/2026, is one Asif
2 902.odt
Salim Shaikh, who was named as accused no. 1 in the FIR.
3. In Bail Application No. 358/2026, accused Kisor @ Pappu
Prakash Bhand, has approached this court, who shown as accused no. 3
in the FIR.
4. The reporter of crime is one Bilkis @ Shakira Mehmood
Shaikh, who in the FIR dated 10.08.2025, has alleged that on 08.08.2025,
at about 08:45 p.m., when he was at home, he received a phone call from
Asif Shaikh / friend of son of the informant, who informed that Matin /
son of the informant has sustained injuries on his back due to the iron nail
and is taken to Pravara Hospital, Loni. The informant immediately
reached the hospital and when enquired from Matin, it was told to him
that when Matin along with Sohail Andhale, Pappu Bhand and Gautam
were sitting in the temple, the scuffle took place, when Sohail Andhale,
Pappu Bhand and Gautam caught hold of his hands and legs. Asif then
stabbed the iron nail in the back of the Matin, on the count that Matin had
been to Asif’s father for demanding amount of Rs. 200/-.
5. This incident has resulted into registration of FIR and
carrying out the investigation. Completion of investigation, resulted into
3 902.odt
filing of chargesheet. Matin had died on 09.08.2013. During the course of
investigation, the present applicants were arrested. So far as applicant
Asif is concerned, he was arrested on 10.08.2025, so also the applicant
Kishor @ Pappu.
6. The post mortem report conducted shows that cause of death
was Traumatic and hemorrhagic shock due to puncture wound over back.
7. Learned counsel for the applicants submitted that if the
allegations in FIR and the statements of witnesses are perused, it would
be revealed that there was neither intention nor knowledge to commit the
offence and it is at the spur of moment incident has happened. Both the
learned counsel for the applicants submitted that since the accused have
no criminal antecedents, they be released on bail. They have also relied
upon the order passed by this Court in Bail Application No. 2510/2025,
dated 30.01.2026, granting bail to the co-accused Gautam and Sohail @
Rahul. They thus prayed for extending benefit of parity.
8. Per contra, learned APP Mr. Dayma, has submitted that the
offence against the applicants is serious and the victim has lost his life.
He, further, submitted that the case of the prosecution which is narrated
in the FIR is supported by way of medical evidence i.e. the post mortem
4 902.odt
report. Learned APP has also submitted that there is an eye witness to the
incident by name Damu Vithoba Andhale.
9. I have gone through the statement of said Damu, who has
also stated that on the day of the incident, the accused persons along with
the deceased were sitting on the platform near the temple and on some
trivial reasons, there was quarrel which was going on between them and
the said witness has asked all of them to keep quiet. Thereafter, applicant
Asif and his friend Gautam came and accused Sohail and Pappu
demanded amount from the deceased for drinking liquor, so also checked
his pocket. Asif has also asked other persons to caught hold of the
deceased and, thereafter, Asif by some weapon, the stab was given on the
back. Since according to him, deceased Matin had been to the father of
Asif for demanding the money, at that time. Though the present witness
interfered, the accused persons, assaulted the victim.
10. At this juncture, it is necessary to mention here that the
present incident had taken place on 08.08.2025, whereas the said Matin
has died on 09.08.2025. Whether the said Matin was in a position to give
a statement / dying declaration or not, has not been brought on record by
the prosecution.
5 902.odt
11. Perusal of FIR would reveal that the deceased along with the
accused persons were sitting in the temple and the scuffle had taken place
at the spur of moment. So far as the injury caused on the back of the
deceased by iron nail is concerned, it is pertinent to mention here that the
iron nail was removed from the body of the deceased but surprisingly, the
size of the weapon, is not given in the chargesheet, which fact is also not
disputed by the learned APP.
13. Though, the wound suffered is a puncture wound, fact
remains that the nature of weapon used would be one of the
determinative factors for arriving to the conclusion that whether there
was an intention on the part of the applicants to commit the offence or
not. Not only this, the co-accused by name Gautam and Sohail @ Rahul
are released on bail by this Court on 30.01.2026. The manner in which
the incident had taken place, prima facie, shows that there is a substance
in the arguments made by both the counsels, that there is likelihood that
the charge may be diluted at the end of trial. The facts also remains
undisputed that the present applicants have no criminal antecedents and
investigation is complete. Considering the aforesaid facts, I am inclined
to allow the present applications, consequently, following order is
passed :
6 902.odt
ORDER
i. Bail Applications are allowed.
ii. The applicants shall be released on bail in connection with
FIR No. 151/2025 dated 10.08.2025, registered with Aashwi Police
Station, District Ahilyanagar, for commission of offences
punishable under Sections 103 (1), 3 (5) of the BNS, on furnishing
P.R. bond of Rs. 25,000/- (Rupees twentyfive thousand) each with
one surety in the like amount, on the following terms and
conditions.
iii. The applicants shall attend the concerned police station on
every Sunday between 6 and 7 evening.
iv. The applicants shall not influence the witnesses or tamper
the evidence.
v. The prosecution is at liberty to move the application for
cancellation of bail, if the applicants breach any of the conditions.
vi. The applicants shall not leave the country without prior
permission of this Court.
( RAJNISH R. VYAS, J. )
SPC
Checking your session…