SHAKIL KHAJASAB PATEL AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER
ABA/1301/2026 · 2026-08-21
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2149 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2149 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
923 & 929-ABA-1301-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 923 ANTICIPATORY BAIL APPLICATION NO. 1301 OF 2026 Shakil Khajasab Patel And Others VERSUS The State Of Maharashtra And Another AND 929 ANTICIPATORY BAIL APPLICATION NO. 1450 OF 2026 WITH CRIMINAL APPLICATION NO. 3352 OF 2026 Pasha Husen Patel And Others VERSUS The State Of Maharashtra And Another ... Mr. More P. P., Advocate for the Applicant in ABA No.1301 of 2026. Mr. Tukaram Maruti Venjane, Advocate for the Applicant in ABA No.1450 of
2026. Mr. S. P. Joshi, APP for the Respondent – State in ABA No.1301 of 2026. Mr. S. B. Narawade, APP for the Respondent – State in ABA No.1450 of
2026. ...
CORAM : R.M. JOSHI, J DATE : AUGUST 21, 2026 P. C. :
1. The applicants in both the matter seek pre-arrest bail in connection with two different crimes. By consent of both sides, both the applications are heard and decided together.
2. The applicants apprehend their arrest in connection with C.R. No. 280 of 2026 and C.R. No. 0281 of 2026 registered with Nilanga Police Station, Tq. Nilanga, District Latur for the offences punishable under
923 & 929-ABA-1301-2026.odt Sections 109(1), 118(1), 115(2), 352, 351(2), 351(3), 189(2), 190, 191(1) and 191(2) of Bharatiya Nyaya Sanhita, 2023.
3.
Learned counsel for the applicants submits that there is political rivalry between the parties, which could be seen from First Information Report as well as the documents placed on record. It is their submission that in such circumstances, the possibility of false implication cannot be ruled out. According to them, in any case, considering the counter-reports lodged in respect of the incident occurred on 24 June 2026, it would be difficult to attribute any specific intention to any of the accused to cause any particular injury. 4. It is further sought to be argued that, in both cases, one witness each has sustained grievous injury, however, the said injury is not attributable to the present applicants. The learned Advocates for the applicants, on instructions, make statements that the applicants were voluntarily ready to deposit a sum of Rs.5,000/- in each application with the High Court Legal Services Authority, Sub-Committee, Aurangabad. 5. According to learned counsel for the applicants, appropriate directions to the applicants to appear before the Investigation Officer would be sufficient for the pending investigation. 6. Learned APP appearing in both the cases opposes the grant of any protection to the applicants. It is their contention that this is a case wherein the applicants were part of unlawful assembly and, as such, they
923 & 929-ABA-1301-2026.odt are responsible for the acts of each other. Reference is made to the injury certificates indicating causing of grievous injury to two witnesses. 7. Perusal of the record indicates that there are disputes between the parties which are politically in nature. 8. Furthermore, lodging of cross-reports in respect of the incident indicates that, on 24 June 2026, some incident had definitely taken place. As observed by the learned Addl. Sessions Judge, it seems to be a case of a free fight between two groups. 9. In such circumstances, it would be difficult to attribute intentional injuries to the applicants. In any case, on the basis of the FIR as well as the statements of the witnesses, the grievous injury caused to two persons are not attributable to the present applicants. 10. Having regard to the said facts and circumstances, despite the learned APP opposed the applications, the liberty of the applicants will be protected. Hence, the order:
O R D E R (i) Criminal Anticipatory Bail Applications are allowed.
(ii) In the event of arrest of the Applicants in connection with C.R. No. 280 of 2026 and C.R. No. 281 of 2026 registered with Nilanga Police Station, Tq. Nilanga, District Latur for the offences punishable under Sections 109(1), 118(1), 115(2), 352, 351(2), 351(3), 189(2), 190, 191(1) and 191(2) of Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) each with one surety in the like amount. Page 3 of 4
923 & 929-ABA-1301-2026.odt (iii) They shall attend the concerned police station once in a week till filing of the charge-sheet. (iv) They shall not contact the witnesses directly or indirectly. (v) They shall not interfere with the evidence in any manner whatsoever. (vi) They are further directed to cooperate the investigating agency for further investigation. (vii) The applicants are directed to deposit amount of Rs.5,000/- in each cases as voluntarily undertaken within a period of one week. 12. Pending application stands disposed of. (R. M. JOSHI, J.) Kiran Kawre