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2026 DAILYLAW 10370 (BOM)

RAMZAN SIDDIK GAZI v. THE STATE OF MAHARASHTRA

BA/3596/2026 · 2026-09-23

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Judgment text

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22.BA.3596.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3596 OF 2026 Ramzan Siddik Gazi .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Tanveer Aziz Patel, Advocate for Applicant.  Mr. Sukanta A. Karmakar, APP for Respondent.  PSI – Deepak Shelke, Panvel Taluka Police Station. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 23, 2026 P.C. : 1. Heard Mr. Patel, learned Advocate for Applicant and Mr. Karmakar, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.44 of 2024 registered with Panvel Taluka Police Station for offences punishable under Sections 326A and 307 of the Indian Penal Code, 1860. 3. There is a clear dichotomy which is seen by the Court in the statement of the victim which is recorded in the question-answer form on page No.38 which is part of the charge sheet and the medical certificate with regard to the burn injury suffered by the victim. 4. The incident in question occurred in the intervening night of 1 of 4 22.BA.3596.2026.doc 20.01.2024 and 21.01.2024 at about 2:00 a.m.. Prima facie witness statements show that the entire crowd in the vicinity including the relatives of the victim gathered at the house and with the aid and assistance of the landlord of the chawl, the victim alongwith her children was taken to her brother’s place at about 4:00 a.m. in the morning. 5. According to the prosecution’s case and though not supported in its entirety even according to the victim-prosecutrix, it is seen that at 4:00 a.m. in the morning she alongwith her family members and brother sat in the train going to Calcutta and reached Calcutta where she took medical assistance. 6. Case of the prosecution is that the Applicant threw acid on the face and chest of the victim who is his wife. However, further investigation by the prosecution shows that the material which was thrown was tiles cleaner having the brand name ‘Kobra’. 7. According to the victim after she reached Calcutta within a span of 12 hours, which is prima facie unbelievable, she got herself treated on 21.01.2024 at 4:40 p.m. and the medical certificate of the Calcutta National Medical College and Hospital is appended at page No.75. It states that the victim had suffered 20% acid burns. 8. However, prima facie the theory of the victim having suffered the injury and travelled by train from Mumbai to Calcutta 2 of 4 22.BA.3596.2026.doc with the injury is itself on the face of record unbelievable as also the date and time of issuance of the Medical Certificate by the Calcutta Hospital within 12 hous thereafter which is prima facie suspicious. No train journey from Mumbai to Kolkatta is completed within 12 hours. Hence, the prosecution case and FIR statement is prima facie doubtful. Therefore, prima facie case is clearly made out by the learned Advocate for the Applicant for grant of bail. 9. Considering the aforesaid, Applicant is granted bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No.44 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one or two surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary 3 of 4 22.BA.3596.2026.doc adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 10. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 11. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.23 20:20:06 +0530