2025:BHC-AS:54434

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4621 OF 2025

Shahbaz Ayub Shaikh …Applicant

Versus

State of Maharashtra …Respondent

Mr. Amod Eklaspur, i/b Kaushik Mhatre, for the Applicant.

Ms. Anamika Malhotra, APP for the Respondent-State.

Mr. Prafull R. Wagh, PI attached to Achole Police Station,

M.B.V.V., present.

CORAM DR. NEELA GOKHALE, J.

DATED: 11^TH DECEMBER 2025

PC:-

1. By way of the present Bail Application, the Applicant seeks his release on bail in connection with the FIR No.775 of 2021 dated 6^th September 2021 registered with the Virar Police Station, Palghar for the offences punishable under Sections 302, 120-B and 34 of the Indian Penal Code, 1860

(‘IPC’).

2. The facts of the case, as discerned from the FIR, are that the First Informant is the brother of the deceased. The deceased was engaged in the business of developers and builders. On 6^th September 2021 at around 2.30 am, the Applicant returned home to freshen up and was to go to the Shankar Temple to offer Abhishek to the deity. At 3.10 am, he left his house on his motor-cycle. At that time, the deceased was beaten up by unknown persons and was thereafter taken to the hospital, where he was declared as dead. It was revealed that it was the Applicant and others, who had assaulted the deceased on the road with iron rod and stabbed him with a knife. Accordingly, FIR was registered and the Applicant was arrested on 10^th September 2021.

3. The Applicant moved an application seeking bail before this Court being Criminal Bail Application No.1866 of 2024. By order dated 27^th September 2024, when this Court was not inclined to grant relief to the Applicant, counsel for the Applicant sought permission to withdraw the said Bail Application. Permission to withdraw was granted with liberty to move a fresh bail application before the Trial Court after a period of one year if there was no progress in the trial. Admittedly, the Applicant has not approached the Trial Court as per the liberty granted by this Court by order dated 27^th September 2024, instead, he has filed the present Bail Application before this Court.

4. Mr. Amod Eklaspur, learned counsel appearing for the Applicant, submits that the Applicant has suffered incarceration for almost 4 years, however, the trial has not yet concluded. He has placed reliance on two decisions of this Court wherein on the ground of long incarceration, bail has been granted to the accused in similar circumstances. He thus, prays that the Applicant be enlarged on bail.

5. Ms. Anamika Malhotra, learned APP representing the State in the matter, has drawn my attention to the statement of an eye witness recorded by the Police. She submits that the eye witness has clearly stated that he saw the Applicant hitting the deceased on his head with an iron rod. She has brought to my notice, the post-mortem report at page 180, more particularly, the aspect regarding the injury on the scalp of the deceased. The P. M. Report notes that there was a skull vault fractured on the back of skull. She submits that the maximum punishment prescribed for this offence is life imprisonment or death and hence, this is not a case of releasing the Applicant on the ground of long incarceration. Ms. Malhotra further submits that the trial has progressed inasmuch as charges are framed and the prosecution intends to examine only 21 witnesses. She further submits, on instructions, that the said eye witness is not traceable and his family members have conveyed that he has been placed under the tremendous pressure from the relatives of the Applicant. In these circumstances, she prays that the Bail Application be rejected.

6. I have heard the parties and perused the record with their assistance.

7. Admittedly, the Applicant withdrew the previous Bail Application since the Co-ordinate Bench of this Court was not inclined to grant bail to him, however, liberty was granted to the Applicant to approach the Trial Court, seeking b