P.H. JAYANI 902 BA1602.2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1602 OF 2025 Abdul Rehman Shaikh s/o. Mohd Najir Shaikh …. Applicant V/s. The State of Maharashtra …Respondent Adv. Madhulika Srinivasan i/b. Adv. Jyoti Ghorpade for the applicant. Ms. S.K. Gajare, APP for the Respondent – State. Mr. R.B. Thange, PSI, Malwani Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 22nd SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present Application seeking release of the applicant on bail in Cr.No.777/2019 registered with Malwani Police Station, Mumbai for the offence punishable under Sections 302, 397, 452, 341, 120B read with 34 of the Indian Penal Code (“IPC”) on the report dated 08.10.2019 filed by Shri. Dipak Gupta. 3. The prosecution case is that, on the night intervening 7th and 8th October 2019, some unknown person entered in the house of the mother of the informant and committed her murder. The gold chain and gold earrings on the person of the deceased, a mobile phone and cash Rs.1,50,000/- in the room were missing. Therefore, the aforesaid crime came to be registered. During investigation, police arrested the accused persons including the applicant. Pursuant to the disclosure statement made by the applicant, a broken gold chain and cash Rs.10,000/-, the alleged property of the offence, was recovered from him. There is recovery P.H. JAYANI 902 BA1602.2025.DOC of cash Rs.3,800/-, a mobile phone and a pair of gold ear buds from A4. Investigation revealed that the applicant alongwith A2 to A4 committed this offence by hatching a conspiracy. Investigation led to filing of charge-sheet. The trial Court declined to release the applicant on bail. Hence, this Application. 4. Ms. Srinivasan, the learned Counsel for the applicant submitted that there is no sufficient evidence against the applicant showing his involvement in the crime. The applicant is behind bars for more than 7 years. Till date, only five witnesses have been examined in this case. The co-accused having similar role in the crime, have been released on bail. Therefore, bail be granted. 5. In response, Ms. Gajare, the learned APP submits that just few hours before the murder, the co-accused Shafique Khan had pointed out the room of the victim to the applicant and A4. Thereafter, the murder was committed by the applicant alongwith his co-accused. The recovery of the gold ornaments, cash and mobile phones supports the case against the applicant. Therefore, bail be refused. 6. I have considered these submissions. There are two witnesses who have stated that, on 7th October 2019, at about 12.00 mid-night, co-accused Shafique, present applicant and A4 had visited the place of Shafique. At that time, Shafique had pointed the room of the victim to the applicant and A4. However, there is no evidence that any of the accused persons had entered in the room of the deceased and they were seen while exiting that room. Therefore, only on the basis that co-accused Shafique had pointed the room of the deceased to the applicant and A4, it cannot be inferred that the room was pointed out to the co- accused persons with an intention that they should enter that P.H. JAYANI 902 BA1602.2025.DOC room and commit the murder. Considering the facts and circumstances of the case, the prosecution will have to prove that the gold chain recovered by the applicant is connected with the crime. Therefore, I am inclined to release the applicant on bail. Hence, following Order :- (i) The applicant - Abdul Rehman Shaikh s/o. Mohd Najir Shaikh be released on bail in Cr.No.777/2019 registered with Malwani Police Station, Mumbai for the offence punishable under Sections 302, 397, 452, 341, 120B read with 34 of the IPC, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Malwani Police Station, Mumbai once in a month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated in case there is any change. Page 3 of 4 P.H. JAYANI 902 BA1602.2025.DOC (vi) It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail Application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 7. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.24 14:51:48 +0530