Bombay High Court
Mohammad Monish Israr Shaikh vs State Of Maharashtra on 25 August, 2025
2025:BHC-AS:36452
11-BA-95-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 95 OF 2025
Mohammad Monish Israr Shaikh ...Applicant
Versus
The State of Maharashtra ...Respondent
__________
Mr. Harshwardhan Suryawanshi a/w Ms. Reena Prajapati h/f Mr.
Abhishek B. Palve, learned Advocates for the Applicant.
Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent.
API Mr. S. B. Babar attached to Chikhali Police Station, Pimpri-
Chinchwad is present in the Court.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 25th AUGUST 2025.
P.C. :
1. Heard Mr. Harshwardhan Suryawanshi, learned Advocate for
the Applicant and Mr. Tanveer Khan, learned A.P.P. for the
State/Respondent.
2. By the present Application filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short), the
Applicant is before this Court seeking regular bail in connection
with Crime No. 385 of 2021 registered with Chikhali Police Station,
Pimpri-Chinchwad, District-Pune for the offences punishable under
Sections 302, 396, 347, 452 & 120(B) read with 34 of the Indian
Penal Code, 1860 (“IPC” for short).
3. Mr. Harshwardhan Suryawanshi, learned Advocate for the
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11-BA-95-2025.docApplicant submits that the abovesaid crime is registered as Sessions
Case No. 1149 of 2022 and is pending before the Court of
Additional Sessions Judge, Pune.
4. There are 7 accused persons in the present crime. Applicant
is Accused No. 1.
5. Case of the prosecution is based on circumstantial evidence.
Applicant and Wasibkhan @ Tonu Rais Khan (Accused No. 2) are
stated to be the main persons involved in the crime. It is alleged
that the Applicant and Accused No. 2 have been identified. It is
further alleged by the First Informant that the deceased was found
lying on the floor. Her hands and legs were tied with nylon rope.
It is alleged that the accused persons in the present crime had
committed murder and stolen gold ornaments.
6. Applicant was arrested on 2nd July 2022. Criminal Bail
Application at Exhibit-22 filed by the Applicant in Sessions Case
No. 1149 of 2022, was rejected by the learned Additional Sessions
Judge, Pune by order dated 27th November 2024.
7. Mr. Harshwardhan Suryawanshi, learned Advocate for the
Applicant submits that the Applicant is seeking bail on the ground
of parity. He submits that the involvement of Applicant and
Accused No. 2 in Crime No. 385 of 2021 is similar and identical.
He submits that Accused No. 2 on identical facts has been released
on bail by this Court vide order dated 25 th February 2025 passed in
Criminal Bail Application No. 5032 of 2024. He submits that
Accused Nos. 3 & 4 in the said crime are also released on bail by
this Court vide order dated 12th November 2024 passed in Criminal
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Bail Application No. 4110 of 2024 and order dated 29 th August
2023 passed in Criminal Bail Application No. 266 of 2023,
respectively. He tenders copies of aforesaid three orders, which are
taken on record and marked as “X Colly.” for identification. He
points out to paragraph no. 5 of the order dated 25 th February
2025, wherein the involvement of Applicant and Accused No. 2
being similar, has been referred to. He also submits that though
the Sessions Case is of the year 2022, till date charge is not framed
in the matter. He seeks bail on the ground of parity.
8. Mr. Tanveer Khan, learned A.P.P. for the State/Respondent
does not dispute the involvement of the Applicant and Accused No.
2 in the crime to be similar and identical. He submits that delay in
framing of charge is attributable to the accused persons in the said
crime, as one or the other accused staying away thereby leading in
adjournments and non-framing of charge.
9. I have perused the records and the orders (X Colly.) produced
by learned Advocate for the Applicant, with the assistance of
learned Advocates of the parties.
10. Perusal of the records indicate that the Applicant and
Accused No. 2 are the main persons involved in the present crime.
Recoveries of gold ornaments are made at the instance of Applicant
as well as Accused No. 2. As the role assigned to the Applicant
being similar to the role assigned to Accused No. 2, Mr.
Harshwardhan Suryawanshi, learned Advocate for the Applicant
would be justified in pressing the bail on the ground of parity.
Hence, the Applicant is entitled to bail on the principle of parity.
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11. Till date charge is not framed in Sessions Case No. 1149 of
2022.
12. In view of the above, the present Bail Application is allowed
on the following conditions :-
a. Applicant is directed to be released on bail in
connection with Crime No. 385 of 2021 registered with
Chikhali Police Station, Pimpri-Chinchwad, District-
Pune for the offences punishable under Sections 302,
396, 347, 452 & 120(B) read with 34 of the IPC on
executing P.R. Bond in the sum of Rs. 25,000/- (Rupees
Twenty-five Thousand Only) with one or two sureties
in the like amount to the satisfaction of the Additional
Sessions Judge, Pune.
b. Applicant shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with facts of accusation, so as to dissuade
such a person from disclosing the facts to the Court or
to any police personnel.
c. Applicant shall not tamper with the prosecution
evidence and shall not contact or influence any witness
in any manner.
d. Applicant upon his release from jail, within a period of
three days from his release, shall furnish his cell phone
number and residential address with proof to the
Investigating Officer, Chikhali Police Station, Pimpri-
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Chinchwad, District-Pune and shall keep the same
updated, in case of any change thereto.
e. Applicant shall co-operate in the conduct of the trial
and shall regularly attend the hearing of Sessions Case
No. 1149 of 2022, pending on the file of Additional
Sessions Judge, Pune, on each and every date, unless
exempted from appearance.
f. Applicant shall report/attend before the Investigating
Officer, Chikhali Police Station, Pimpri-Chinchwad,
District-Pune on 1st & 16th day of every month from
10.00 a.m. to 11.00 a.m. till conclusion of the trial
except on the date of trial.
13. Criminal Bail Application No. 95 of 2025 stands disposed of
in the abovesaid terms.
[ASHWIN D. BHOBE, J.]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2025.08.25
20:05:03 +0530
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