Bombay High Court

AZHAR AHMED SHAIKHversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: SACHIN S DESHMUKH

Holding

The court granted regular bail to all applicants.

Summary

The applicants were charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023 for assaulting the informant, his family and damaging property following a dispute that had been settled. The prosecution highlighted serious injuries to the victim, while the applicants argued the incident was spontaneous and the parties have now resolved their differences. The court observed that the injuries were simple, the investigation was complete, and continued incarceration would be unjustified given the settlement. Consequently, the court granted regular bail to all applicants on the condition of furnishing a personal and surety bond of Rs.50,000 each and attending court dates. The order expressly stated that the bail decision does not prejudice the merits of the trial, which will proceed independently.

Issues considered

Whether regular bail should be granted to the accused despite the nature of the offences and injuries sustained
Whether the settlement of the underlying dispute warrants bail

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 189(2), 189(4), 190, 191, 191(2), 191(3), 324(4), 333, 351(2), 351(3), 352, 75

Subjects

bail
regular bail
surety
assault
settlement
Bhartiya Nyaya Sanhita
criminal procedure

Judgment

2026:BHC-AUG:3690
                                                             Bail Appln.No.49/2026
                                          :: 1 ::




                    IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                BENCH AT AURANGABAD


                             BAIL APPLICATION NO.49 OF 2026


            1. Abrar Shakil Sayyed
            2. Ashpak Hanif Sayyed
            3. Ekbal Jaffar Sayyed
            4. Zakir Amjad Shaikh                   … APPLICANTS

                    VERSUS
            The State of Maharashtra                … RESPONDENT
                                            .......
            Mr. M.S. Karad, Advocate for applicants
            Mr. C.V. Bhadane, A.P.P. for respondent – State, assisted by
            Mr. A.L. Kanade, Advocate for original informant
                                            ....…
                                          WITH
                       CRIMINAL APPLICATION NO.350 OF 2026 IN
                           BAIL APPLICATION NO.49 OF 2026


            Baban s/o Ashok Shinde                       … APPLICANT
                    VERSUS
            The State of Maharashtra & ors.              … RESPONDENTS
                                            .......
            Mr. A.L. Kanade, Advocate for applicant
            Mr. C.V. Bhadane, A.P.P. for respondent No.1 – State
            Mr. M.S. Karad, Advocate for respondents No.2 to 5
                                            ....…
                                          WITH

                             BAIL APPLICATION NO.50 OF 2026
                                                  Bail Appln.No.49/2026
                               :: 2 ::


Azhar Ahmed Shaikh                            … APPLICANT
     VERSUS
The State of Maharashtra                      … RESPONDENT
                                .......
Mr. M.S. Karad, Advocate for applicant
Mr. C.V. Bhadane, A.P.P. for respondent – State, assisted by
Mr. A.L. Kanade, Advocate for original informant
                                ....…
                               WITH
          CRIMINAL APPLICATION NO.349 OF 2026 IN
              BAIL APPLICATION NO.50 OF 2026


Baban s/o Ashok Shinde                        … APPLICANT
     VERSUS
The State of Maharashtra & anr.               … RESPONDENTS
                                .......
Mr. A.L. Kanade, Advocate for applicant
Mr. C.V. Bhadane, A.P.P. for respondent No.1 – State
Mr. M.S. Karad, Advocate for respondent No.2
                                ....…

                 CORAM : SACHIN S. DESHMUKH, J.
                 DATE      : 28th JANUARY, 2026

PER COURT :


1.         Criminal Applications No.350/2026 and 349/2026 are

allowed. The original informant is permitted to assist learned A.P.P.

in Bail Applications No.49/2026 and 50/2026 respectively.


2.         Bail Applications No.49/2026 and 50/2026 are filed by

the applicants seeking their release on regular bail in connection
                                                 Bail Appln.No.49/2026
                               :: 3 ::


with Crime No.753/2025, registered with Vaijapur Police Station,

District Chhatrapati Sambhajinagar for the offences punishable

under Sections 109, 118(1), 115(2), 352, 351(2), 351(3), 333, 75,

324(4), 189(2), 189(4), 190, 191, 191(3), 191(2) of the Bhartiya

Nyaya Sanhita, 2023.


3.         The prosecution case is that, on 25/12/2025, a dispute

arose between the son of the informant namely Akash Shinde and

accused No.7 Azhar Ahmed, was settled.               Thereafter on

26/12/2025 at about 10.00 Hrs., the informant along with family

members was in his house and his son Akash Shinde and nephew

Moksh Ganesh Shinde had gone in the village. Thereafter heard

commotions, therefore, he along with his wife and children rushed

out of the house and saw that the applicants and co-accused,

armed with weapons i.e. iron rod, wooden log and stones, following

his son and nephew on account of previous dispute, co-accused

Arbaj Shakil Sayyad assaulted him by iron rod on his head and also

assaulted by wooden log and stones, due to which he sustained

injuries on head, both hands, shoulder. When his wife, son and

niece tried to intervene the quarrel, all accused assaulted them and

abused in the name of caste.         It is further alleged that, the

applicants and co-accused Arbaj outraged modesty of his niece
                                                   Bail Appln.No.49/2026
                                 :: 4 ::


and entered in his house and caused damage to household articles

and vehicle of the informant.


4.          Learned counsel for the applicants submits that, the

incident occurred on the spur of moment and in any case, now the

litigating sides have resolved the dispute and they have arrived at

settlement and as such, prayed to allow the bail applications. Mr.

Kanade, learned counsel for the informant, confirms the same.


5.          Learned A.P.P. for the State invited attention to the

injuries sustained by the victim those are on vital part of the body

and prayed to reject the bail applications.


6.          After having heard the learned counsel for both the

sides, and considering the nature of the injuries are simple. In any

case, the parties are resolute to resolve the dispute. Apart from

aforestated aspect, the investigation is complete for all intents and

purpose.    Therefore, further incarceration of the applicants is

unjustified. In that view of the matter, the bail applications deserve

consideration. Hence the order :


                                ORDER


(i)      Both the bail applications are allowed.
                                                   Bail Appln.No.49/2026
                                :: 5 ::




(ii)      The applicants Abrar Shakil Sayyed, Ashpak Hanif

          Sayyed, Ekbal Jaffar Sayyed, Zahir Amjad Shaikh and

          Azhar Ahmed Shaikh be released on bail on furnishing

          P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand)

          each with one solvent surety of the like amount by each of

          them in the above crime, on the conditions that :

        (a)     The applicants shall remain present on each date,

                unless exempted by the trial Court.

(iii)   Needless to state that, nothing stated hereinabove shall be

construed as an expression on merits of the case. Learned Trial

Court shall proceed independently and uninfluenced by the

observations made hereinabove.




                              (SACHIN S. DESHMUKH, J.)




fmp/-

Continue reading with your account

Checking your session…