SHARIF WALI KHAN @ JARSI PATHANversusSTATE OF MAHARASHTRA

                                                                             22. BA-3661-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 3661 OF 2026

           Sharif Wali Khan @ Jarsi Pathan                  .. Applicant
                       Versus
           State of Maharashtra                             .. Respondent
                                       ....................
            Mr. Ravishankar B. Thombare a/w Ms. Priyanka D. Masalkar,
              Advocates for Applicant
            Ms. Rajeshree V. Newton, APP for State
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 29, 2026
           P. C.:

           1.       Heard Mr. Thombare, learned Advocate for Applicant and Ms.

           Newton, learned APP for State.


           2.       Present Application filed under Section 483 of BNSS seeking

           regular bail in connection with C.R. No. 81 of 2026 registered with

           Kalewadi Police Station.


           3.       Applicant is indicted in the present crime for having committed

           the murder of the deceased victim. Applicant claims to be an associate

           of the principal accused person who was having a monetary

           transaction with the deceased victim. Prosecution case is based upon

           direct eyewitness account evidence.                   Six persons, including the

           deceased victim had post their dinner gone out for a walk when they

           were specifically intercepted by the Applicant and his associate and


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on such interception, they demanded that the deceased victim settle

the monetary dispute. The aggressor in the interception incidentally is

the Applicant before me. I say this because the eyewitness account as

well as the material placed on record prima facie shows that the

Applicant himself not only intercepted but also threatened that in the

event if the monetary dispute of return of money is not settled by the

deceased victim, he should be murdered. Such eyewitness account

specifically notes the aggression of the Applicant. Without batting an

eyelid, it is seen from the record that the Applicant took out a knife

which he was carrying with him and inflicted a blow on the first

informant’s eye causing him a grievous bleeding injury and

immediately    thereafter,   when   the   other   persons   who     were

accompanying him came forward to rescue, the associate of the

Applicant caught hold of the deceased victim and the present

Applicant stabbed on the chest of the deceased victim with the same

knife sustaining and causing a serious injury due to which the victim

became unconscious and was bleeding profusely.


4.    The medical report prima facie supports the prosecution case.

The medical report itself states that by virtue of the said stab injury

caused by the Applicant, the entire upper lobe of the left lung

corresponding to the injury which is mentioned in column 17 was

caused thereby rupturing the left lung altogether.


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           5.       Mr. Thombare, would, however, argue on the ground that this is

           the first offence; that the Applicant is a fruit seller and he is bound to

           carry the knife which he uses for cutting the fruits always on his

           person and therefore the incident was not premeditated or planned. I

           am unable to believe this not only because of the fact that before

           committing the actual act of stabbing the deceased victim, it was

           preceded by a threat by the associates of the Applicant that if the

           victim did not give the money, he would be murdered today which was

           told specifically to the victim and which is prima facie stated so by the

           eyewitness account and on the basis of the said statement, the

           Applicant carried out the act of stabbing the victim in his chest.

           Hence, I am not inclined to accept the submissions made by Mr.

           Thombare for releasing the Applicant on bail on any grounds. The

           Applicant is incarcerated for 10 months. Applicant has not made out

           any case for bail. Releasing the Applicant would have an adverse

           societal impact as such persons are better off in jail rather than out of

           jail. Hence, Application is dismissed.



Amberkar                                            [ MILIND N. JADHAV, J. ]

                      Digitally signed
                      by RAVINDRA
           RAVINDRA MOHAN
                    AMBERKAR
           MOHAN    Date:
           AMBERKAR 2026.09.30
                      14:44:59
                      +0530




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