Bombay High Court
WASIM KHAN BASHIR KHANversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail may be granted in serious IPC offences when the accused has no antecedents and the trial is unduly delayed, subject to strict conditions to prevent absconding or witness tampering.
Summary
Wasim Khan Bashir Khan applied for regular bail in a case registered as Crime No. 85 of 2024, involving offences under Sections 307, 324 and 506 of the Indian Penal Code. The prosecution alleged that on 24 April 2024 the applicant assaulted the first informant and his maternal uncle with a sickle, causing grievous injury and intending to kill. The applicant, who has been in custody for more than 22 months without trial progress, claimed he has no antecedents and sought bail. The State argued that the applicant might abscond or intimidate witnesses if released. The Court, after hearing both sides and reviewing the charge‑sheet, granted bail on the condition of a Rs.30,000 personal bond with sureties, attendance at the police station as required, and prohibitions against entering the jurisdiction of the investigating police station and tampering with evidence or witnesses. The order emphasized that the trial court would decide the case on its merits independently of the bail order.
Issues considered
- Whether bail should be granted in a case involving serious offences under Sections 307, 324 and 506 of the IPC after a prolonged pre‑trial detention of 22 months.
- Whether the risk of the accused absconding or influencing witnesses justifies denial of bail.
Legislation cited
- Indian Penal Code, 1860 — s. 307, 324, 506
Subjects
- bail
- pre‑trial detention
- IPC Section 307
- IPC Section 324
- IPC Section 506
- witness tampering
- surety bond
- criminal law
Judgment
7-BA-57-2026.doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 57 OF 2026
Wasim Khan Bashir Khan … Applicant/s
Versus
The State of Maharashtra … Respondent/s
_________________________________________________________________
Mr. Nikhil Hire, Advocate for the Applicant.
Mr. S. S. Pednekar, APP for Respondent-State.
PC- P. S. Pund, Killa Police Station, Malegaon, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 4th MARCH, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 85 of 2024 registered with Killa Police Station, District -Nashik,
for the offences punishable under Sections 307, 324 and 506 of the Indian
Penal Code 1860.
2. It is prosecution’s case that on 24th April 2024, the applicant
assaulted the first informant and his maternal uncle with sickle with the
intention to kill them.
3. It is contention of learned counsel for the applicant that the
Digitally
signed by applicant is behind bars for more than 22 months, yet there is no progress
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date: in the trial. The applicant has no antecedents and requested to allow the
2026.03.06
11:08:03
+0530
application.
Page 1 of 3
7-BA-57-2026.doc
Shubhada S Kadam
4. It is contention of learned APP that the applicant assaulted the
first informant and injured with sickle with the intention to kill the. In the
said assault, the injured has suffered grievous injury. If the applicant is
released on bail, he may abscond or threaten the prosecution witnesses
and requested to reject the application.
5. I have heard both learned counsel, perused charge-sheet and
the documents produced on record. The applicant is behind bars for more
than 22 months, there is no progress in the trial. It may take time to
conclude the trial. The applicant has no antecedents. Considering these
facts, I pass following order :
ORDER
(i) The applicant be enlarged on bail in Crime No. 85 of 2024
registered with Killa Police Station, District -Nashik, on
executing P.R.Bond in the sum of Rs.30,000/- with one or two
sureties in the like amount.
(ii) The applicant shall attend the concerned police station as and
when required.
(iii) The applicant shall not enter the jurisdiction of the Killa Police
Station till recording of evidence of the first informant and
injured.
Page 2 of 3
7-BA-57-2026.doc
Shubhada S Kadam
(iv) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
Page 3 of 3
Checking your session…