Bombay High Court
SHAIKH NASIR ABDUL NABI @ PAPPU DHAGGAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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
- Arms Act — s. 3(25), 5(25), 7(25)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 118(2), 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352
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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14-BA-4861-2025.doc
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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