22. BA-3661-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3661 OF 2026 Sharif Wali Khan @ Jarsi Pathan .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Ravishankar B. Thombare a/w Ms. Priyanka D. Masalkar, Advocates for Applicant  Ms. Rajeshree V. Newton, APP for State ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 29, 2026 P. C. : 1. Heard Mr. Thombare, learned Advocate for Applicant and Ms. Newton, learned APP for State. 2. Present Application filed under Section 483 of BNSS seeking regular bail in connection with C.R. No. 81 of 2026 registered with Kalewadi Police Station. 3. Applicant is indicted in the present crime for having committed the murder of the deceased victim. Applicant claims to be an associate of the principal accused person who was having a monetary transaction with the deceased victim. Prosecution case is based upon direct eyewitness account evidence. Six persons, including the deceased victim had post their dinner gone out for a walk when they were specifically intercepted by the Applicant and his associate and 1 of 3 22. BA-3661-26.odt on such interception, they demanded that the deceased victim settle the monetary dispute. The aggressor in the interception incidentally is the Applicant before me. I say this because the eyewitness account as well as the material placed on record prima facie shows that the Applicant himself not only intercepted but also threatened that in the event if the monetary dispute of return of money is not settled by the deceased victim, he should be murdered. Such eyewitness account specifically notes the aggression of the Applicant. Without batting an eyelid, it is seen from the record that the Applicant took out a knife which he was carrying with him and inflicted a blow on the first informant’s eye causing him a grievous bleeding injury and immediately thereafter, when the other persons who were accompanying him came forward to rescue, the associate of the Applicant caught hold of the deceased victim and the present Applicant stabbed on the chest of the deceased victim with the same knife sustaining and causing a serious injury due to which the victim became unconscious and was bleeding profusely. 4. The medical report prima facie supports the prosecution case. The medical report itself states that by virtue of the said stab injury caused by the Applicant, the entire upper lobe of the left lung corresponding to the injury which is mentioned in column 17 was caused thereby rupturing the left lung altogether. 2 of 3 22. BA-3661-26.odt 5. Mr. Thombare, would, however, argue on the ground that this is the first offence; that the Applicant is a fruit seller and he is bound to carry the knife which he uses for cutting the fruits always on his person and therefore the incident was not premeditated or planned. I am unable to believe this not only because of the fact that before committing the actual act of stabbing the deceased victim, it was preceded by a threat by the associates of the Applicant that if the victim did not give the money, he would be murdered today which was told specifically to the victim and which is prima facie stated so by the eyewitness account and on the basis of the said statement, the Applicant carried out the act of stabbing the victim in his chest. Hence, I am not inclined to accept the submissions made by Mr. Thombare for releasing the Applicant on bail on any grounds. The Applicant is incarcerated for 10 months. Applicant has not made out any case for bail. Releasing the Applicant would have an adverse societal impact as such persons are better off in jail rather than out of jail. Hence, Application is dismissed. Amberkar [ MILIND N. JADHAV, J. ] 3 of 3 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.30 14:44:59 +0530