Bombay High Court
PARAS SHRIPALKUMAR SHAHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court granted interim bail with strict conditions for a limited period, balancing the seriousness of the offence against humanitarian grounds.
Summary
Paras Shripalkumar Shah was arrested under Sections 125(b), 115(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 for assaulting the complainant, who has lost his eyesight. Shah applied for interim bail, arguing that his twin daughters had achieved outstanding results in the JEE (Mains) 2026 and needed his guidance and financial support for upcoming entrance exams. The victim opposed bail, emphasizing the grievous nature of the injury and the seriousness of the offence. The court, while acknowledging the seriousness, found humanitarian considerations compelling and granted interim bail for a limited period (16‑26 May 2026) subject to a cash bond, surety, residence restrictions, daily police attendance, and an escort. The order also stipulated that Shah surrender on 27 May 2026 and not seek further extension.
Issues considered
- Whether interim bail should be granted in a case involving serious assault causing loss of eyesight.
- Whether humanitarian considerations concerning the applicant's daughters justify bail despite the gravity of the offence.
- What conditions, if any, may be imposed on interim bail in such circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 125(b), 352
Subjects
- interim bail
- bail conditions
- assault
- Bharatiya Nyaya Sanhita
- Section 125(b)
- Section 115(2)
- Section 352
- humanitarian grounds
- family considerations
- court order
Judgment
3-IA-1633-2026 IN BA-2015-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1633 OF 2026
IN
BAIL APPLICATION NO. 2015 OF 2025
Paras Shripalkumar Shah … Applicant
Versus
The State of Maharashtra … Respondent
--------------------
Mr. Vishal Krishna a/w Mr. Shreyash Shirke i/b Law Care, for the
Applicant.
Ms. Rashmi S. Tendulkar, A.P.P., for the Respondent-State.
Mr. B. B. Tiwari a/w Mr. Viral Rathod, Ms. Shivani Shinde i/b Law
Origin, for the Intervenor.
Mr. Suryakant Doke, Police Sub Inspector, Borivali Police Station.
--------------------
CORAM : SANDESH D. PATIL, J.
DATE : 14 th MAY, 2026.
(VACATION COURT)
P.C. :
1. The present Application is filed by the Applicant inter alia
praying for enlarging the Applicant on interim bail for a period of 30
days in connection with C.R. No.441 of 2026 dated 13 th March, 2026
registered with Borivali Police Station for offence committed under
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Sections 125(b), 115(2) and 352 of the Bharatiya Nyaya Sanhita, 2023
(BNS).
2. Heard learned Counsel appearing for the respective parties.
3. At the outset, Mr. Vishal Krishna, learned Counsel for the
Applicant seeks leave to add original Complainant/ victim as party
Respondent No.2 to the application. Leave granted. Amendment to be
carried out forthwith.
4. Learned Counsel appearing for the Applicant submits that the
F.I.R. is registered against the present Applicant for having assaulted
the complainant. He submits that the main Bail Application is pending.
He further submits that the Applicant is in custody since 23 rd March,
2026. He submitted that, in the interregnum the twin daughters of the
Applicant had appeared for JEE (Mains), 2026 exam where they have
obtained 99.89% and 99.68%. He submits that they will be appearing
for JEE (Advanced), 2026 exam. They have also registered themselves
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3-IA-1633-2026 IN BA-2015-2025.doc
for BITSAT, 2026 exam, an entrance exam of BITS Pilani, which is
scheduled between 24th May, 2026 to 26th May, 2026. He submits that
this is the time when the twin daughters will have to take a decision of
their career, the twin daughters have got brilliant academic record and
it is at this time, the guidance of their father is necessary for the
purpose of assisting them monetary wise as well as for other guidance.
He submits that the Applicant has got a good case on merits, in case
the Applicant is not granted bail, then the innocent twin daughters
who have got brilliant academic record would suffer.
5. Learned Counsel appearing for the Respondent No.2-victim
submits that the Applicant has committed a very grievous offence. He
submits that the victim has lost his eyesight and is hospitalized since
many months and that the condition of the victim is quite precarious.
He states that the Applicant may not be shown any leniency in as much
as he has committed a gruesome offence. He submits that the present
Application is just an attempt to get out of the jail. He submits that
there is no merit in the Application and the same deserves to be
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3-IA-1633-2026 IN BA-2015-2025.doc
rejected.
6. Learned A.P.P. on the other hand submits that the offence is
serious in nature. She has relied upon the statement of the eye-
witnesses. Learned A.P.P. submits that in case this Court comes to the
conclusion that the Applicant is to be granted interim bail then strict
conditions be imposed.
7. Having heard both the parties at length, I am of the opinion that
the twin daughters of the Applicant have passed the JEE (Mains), 2026
exam. The twin daughters who are at a crucial juncture of their
academic career, certainly require guidance from their father who is
also an engineer. At this time, the twin daughters would also require
financial assistance. Taking into consideration the uncontroverted
submission of the Applicant that the twin daughters have secured
99.89% and 99.68% in their JEE (Mains), 2026 exam, they surely
have got brilliant career and therefore their career should not be
hampered because of absence of their father.
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8. Although I am inclined to release the Applicant on interim bail
for sometime, I however, do not agree with the prayer of the Applicant
that he be released on interim bail for one month. In this premise, the
following Order will serve the ends of justice:
ORDER
(i) The Applicant-Paras Shripalkumar Shah be
released on interim bail upon furnishing P.R. Bond of
Rs.20,000/- with one or two sureties in the like amount,
before the concerned trial Court, for a period of 16 th May,
2026 to 26th May, 2026 (both dates inclusive);
(ii) Till the sureties are submitted, the Applicant be
released on furnishing cash bail to the tune of Rs.1,00,000/-;
(iii) The Applicant shall not enter the jurisdiction
of Borivali Police Station where the alleged offence had taken
place;
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(iv) The Applicant will reside in the jurisdiction of
Malad Police Station and will attend the Malad Police Station
every day and submit his attendance;
(v) The Applicant shall be provided one Officer to
escort the Applicant in plain clothes for the said period of 16 th
May, 2026 to 26th May, 2026 (both dates inclusive), the
charges of which will be borne solely by the Applicant. The
escort charges as calculated by the State be deposited in
advance by the Applicant. Needless to say, the Respondent-
State is directed to provide escort immediately upon release
of the Applicant from the jail;
(vi) The Applicant will provide the address, phone
number and the details where he is residing for the period of
16th May, 2026 to 26th May, 2026 (both dates inclusive);
(vii) The Applicant shall not tamper with the
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evidence or attempt to influence or contact the complainant,
witnesses or any person concerned with the case;
(viii) The Applicant to surrender immediately on
27th May, 2026 and shall not seek any further extension. The
Applicant to surrender in the same jail from where he was
released;
(ix) The Interim Application No.1633 of 2026 is
allowed in the aforesaid terms and is accordingly disposed of.
9. List the matter on 28th May, 2026 for compliance of today’s
order. In case, the Court is not available on 28 th May, 2026, liberty is
granted to the parties to mention.
10. All concerned to act on the authenticated copy of this order.
(SANDESH D. PATIL, J.)
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