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Bombay High Court

SHAIKH NASIR ABDUL NABI @ PAPPU DHAGGAversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court granted regular bail to the applicant subject to a cash bond and sureties.

Summary

The applicant, Shaikh Nasir Abdul Nabi, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act for allegedly providing a pistol used in a shooting and subsequent assault. He contended that he was not present at the scene and had no prior criminal record, while the prosecution argued that he might tamper with evidence or influence witnesses if released. The two co‑accused who were present had already been granted bail, and the trial had shown no significant progress for over six months. The Court noted the applicant’s absence at the incident, lack of antecedents, and the fact that co‑accused were on bail, and found no compelling reason to deny bail. Accordingly, the Court ordered the applicant’s release on regular bail with a cash bond of Rs.25,000 and two sureties, imposing conditions not to tamper with evidence or influence witnesses.

Issues considered

  • Whether the applicant, alleged to have supplied the firearm used in the offence, is entitled to regular bail despite the seriousness of the charges.
  • Whether there is a risk of the applicant tampering with evidence or influencing witnesses if released.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arms offence
  • provision of weapon
  • trial delay
  • surety

Judgment

                                                                                               14-BA-4861-2025.doc



                              N.S.Kamble


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL BAIL APPLICATION NO. 4861 OF 2025


                              Shaikh Nasir Abdul Nabi @ Pappu Dhagga                       … Applicant
                                    Versus
                              State Of Maharashtra                                         … Respondent
                              ____________________________________________________________
           Digitally signed
NILAM   by NILAM
        SANTOSH
SANTOSH KAMBLE                Mr.Ishtiyak Shaikh a/w Mr.Ramchandra Wagh, for the Applicant.
KAMBLE Date: 2026.02.18
           18:35:36 +0530
                              Mr.B.B. Kulkarni, APP for Respondent-State.
                              ____________________________________________________________
                                                                 CORAM : SHIVKUMAR DIGE, J.
                                                                 DATE           :   17th FEBRUARY 2026

                              P.C. :

                              .             By this Application, the Applicant is seeking regular bail in

                              Crime No. 185 of 2025 registered with Pawarwadi Police Station,

                              Malegaon, for the offences punishable under Sections 109, 189(2), 191(2),

                              191(3), 190, 351(2), 351(3), 352, 118(1) and 118(2) Bharatiya Nyaya

                              Sanhita, 2023 (‘BNS’ for short) and Sections 3(25), 5(25) and 7(25) of the

                              Arms Act.

                              2.            It is prosecution’s case that on 29 th July 2025 co-accused fired

                              shot from country made firearm at the First Informant and thereafter

                              assaulted him with sickle and iron pipes with an intention to kill him. The



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N.S.Kamble


allegations against the Applicant are that pistol used in the crime was

provided by the Applicant.

3.           It is contention of learned counsel for the Applicant that at the

time of the incident, the Applicant was not present. The allegations against

him are that he provided pistol used in the crime. The Applicant is behind

bars for more than six months. The Applicant has no antecedents. There is

no progress in trial. The two co-accused, who were present at the time of

incident, have been released on bail, and requested to allow the Application.

4.           It is contention of learned APP that, the co-accused fired shot at

the First Informant and thereafter assaulted him with sickle and iron rod

with an intention to kill him. Due to shot fired from the said country made

pistol, the First Informant has sustained serious injuries. The said pistol was

provided by the Applicant to the co-accused. If the Applicant released on

bail, he may abscond or threaten prosecution witnesses, and requested to

reject the Application.

5.           I have heard both learned counsel. Perused charge-sheet and

documents produced on record.

6.           Admittedly, at the time of the incident, the Applicant was not

present. The allegations against the Applicant are that he provided pistol

used in the crime to the co-accused. The two co-accused, who were present


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N.S.Kamble


at the time of the incident, have been released on bail. The Applicant is

behind bars for more than six months.

7.           Considering these facts, I pass following order.

                                    ORDER

              (i)       The Applicant-Shaikh Nasir Abdul Nabi @ Pappu

              Dhagga be released on bail in Crime No. 185 of 2025

              registered with Pawarwadi Police Station,         Malegaon,        on

              furnishing PR bond of Rs.25,000/- with one or two solvent

              sureties in the like amount.

              (ii)      The Applicant shall not tamper with the evidence

              and/or influence the prosecution witnesses.

              (iii)     The Trial Court shall decide the case on its own

              merits and in accordance with law, uninfluenced by the

              observations made in this order.

              (iv)      The Applicant shall attend the concerned Police

              Station as and when required.

              (v)       Application is allowed in the aforesaid terms.



                                                  (SHIVKUMAR DIGE, J.)




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