ASIF ASLAM MULLAversusTHE STATE OF MAHARASHTRA AND ANR.

                                                             42-BA-797-2026 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                    CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL BAIL APPLN. NO. 797 OF 2026

Asif Aslam Mulla                                       … Applicant
                    Versus.
The State of Maharashtra And Anr.                      … Respondents


                                         -----
Mr. Saurabh P. Tandale a/w. Mr. Sagar Shinde & Mr. Pratik Jadhav for the
Applicant.
Mr. Nitin B. Patil, A.P.P. for the Respondent-State.
Officer : API H.N. Kakandaki , Shahupuri Police Station, Kolhapur, present.
                                        -------

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   24th August 2026.

PER COURT :


1.    Heard Mr. Saurabh Tandale, learned Advocate for the Applicant and

Mr. Nitin Patil, learned A.P.P. for the Respondents-State.


2.    By this Application filed under Sections 483 and 479 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant seeks bail in connection with

Crime No. 302 of 2020, dated 5th March 2020, registered at Shahupuri Police

Station, District Kolhapur, for offences punishable under Sections 420, 406

read with 34 of the Indian Penal Code, 1860.


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3.    Mr. Saurabh Tandale, learned Advocate for the Applicant, states that

there are three accused in the crime, with the Applicant being accused No. 1

in Crime No. 302 of 2020, registered with Shahupuri Police Station, District

Kolhapur. He further submits that Crime No. 302 of 2020 is registered as

Special (MPID) Case No. 30 of 2022 and is pending before the Additional

Sessions Judge and Special Judge, Kolhapur (“Trial Court”).


4.    Mr. Saurabh Tandale, learned Advocate for the Applicant, states that

the maximum punishment, if the Applicant is convicted in Crime No. 302 of

2020, would be 7 years for Section 420 of the IPC and 3 years for Section

406 of the IPC. He submits that the punishment under Sections 3 and 4 of the

MPID would be 6 years. He states that the Applicant was arrested on 10 th

January 2022 and as on date, has remained in jail for a continuous period of

4 years, 7 months and 14 days. He therefore submits that the Applicant has

undergone more than half the sentence. He submits that completing the trial

in Special (MPID) Case No. 30 of 2022 will take substantial time.            He

therefore seeks bail under Section 479 of the BNSS (Section 436A of the

Cr.PC).


5.    Mr. Nitin Patil, learned A.P.P. for the Respondents-State does not dispute

that the maximum punishment for the offences punishable in Crime No. 302

of 2020, which is the subject matter of Special (MPID) Case No. 30 of 2022,



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would be 7 years. He further does not contest the statement made by Mr.

Saurabh Tandale, learned Advocate for the Applicant that the Applicant is in

jail for a continuous period of 4 years, 7 months and 14 days.


6.    Perused the records.


7.    Mr. Saurabh Tandale, learned Advocate for the Applicant, tenders a

photostat of the charge at Exh.72-C, framed in Special (MPID) Case No. 30 of

2022, which is taken on record and marked as “X” for identification.


8.    The charge as framed against the Applicant in Special (MPID) Case No.

30 of 2022 is for offences under Sections 406 and 420 of the BNS 2023 and

Sections 3 and 4 of the MPID Act. The maximum punishment, if the Applicant

is convicted in Special (MPID) Case No. 30 of 2022, is 7 years. The Applicant

has been in jail since 10th January 2022. As stated by Mr. Saurabh Tandale,

learned Advocate for the Applicant, the Applicant has been in jail for a

continuous period of 4 years, 7 months and 14 days as on today.


9.    In view of the aforesaid facts which are not disputed by Mr. Nitin Patil,

learned A.P.P. for the Respondents-State, the Applicant is entitled to benefit

under Section 479 of BNSS 2023.


10.   In view of the above, the Applicant is entitled to bail, on the following

conditions :




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      (a)   The Applicant - Asif Aslam Mulla in the Crime No. 302 of 2020,

            dated 5th March 2020, registered with Shahupuri Police Station,

            District Kolhapur, shall be released on bail upon furnishing a PR

            bond of Rs. 5,00,000/- (Rupees Five Lakh only), with one or two

            sureties in the like amount to the satisfaction of the Additional

            Sessions Judge and Special Judge, Kolhapur.


      (b)   The Applicant shall report to the Investigating Officer on the 2 nd

            Monday of each month from 11:00 a.m. to 1:00 p.m., till

            conclusion of trial in Special (MPID) Case No. 30 of 2022.


      (c)   The Applicant shall not directly or indirectly make any

            inducement, threat or promise to any person/s acquainted with

            the facts of the case to dissuade such person/s from disclosing

            the facts to the Court or any police officer.


      (d)   The Applicant shall not tamper with evidence in any manner.


      (e)   The Applicant shall provide the Investigation Officer with his

            residential address along with proof, his contact numbers and

            must inform the Investigating Officer of any changes to this

            information from time to time.




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                              (f)   The Applicant shall regularly appear before the Trial Court in

                                    Special (MPID) Case No. 30 of 2022, unless exempted.



                    11.       It is clarified that this bail is granted by extending the benefit under

                    Section 479 of the BNSS 2023 and not on merits.


                    12.       The Bail Application No. 797 of 2026 is allowed.




                                                             [ ASHWIN D. BHOBE, J. ]


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.08.25
           10:49:28
           +0530




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