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Bombay High Court

WASIM KHAN BASHIR KHANversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

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

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


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