Criminal appeal no. 487.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 487 OF 2026 1 Shafiq Noorahmed Shaikh 2. Shaikh Azhar Shamshoddin ..Appellants Versus 1.The State of Maharashtra 2. The Superintendent of Police 3. Pranav Sanjay Dilpak ...Respondents ... Mr. A. S. More, Advocate for Appellants Mr. S. B. Narwade, APP for Respondent State Ms. S. R. Kasture, Advocate for Respondent No. 3 (Appointed) WITH CRIMINAL APPEAL NO. 652 OF 2026 Azhar Shamshoddin Shaikh ...Appellant Versus 1.The State of Maharashtra 2. Pranav Sanjay Dilpak ...Respondents Mr. V. B. Deshmukh, Advocate for Appeallant Mr. S. S. Tambe, Advocate for Respondent No. 2 Ms. R. P. Gour, APP for Respondent -State ... CORAM : R.M. JOSHI, J DATE : SEPTEMBER 09, 2026 P. C. : 1. At the outset, it needs to be recorded that in Criminal Appeal No. 487 of 2026 stood disposed of as withdrawn qua Appellant No. 2, as per this Court’s order dated 19.06.2026. Later, appellant no. 2 filed Criminal Appeal No. 652 of 2026 for seeking regular bail. Page 1 of 7 2026:BHC-AUG:42341 Criminal appeal no. 487.2026.odt 2. By way of Criminal Appeal No. 487 of 2026, the Appellant no. 1 i.e. Shafiq Noorahmed Shaikh apprehends arrest in connection with FIR bearing Crime No. 189 of 2026, registered on 08.05.2026 at Dharashiv City Police Station, for the offences punishable under Sections 118(1), 119(1), 352, 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 3(1)(r), 3(2)(v-a), and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “Atrocities Act”) . Additionally, the Appellant No. 1 takes exception to the order dated 09.06.2026 passed by the learned Special Judge, Fast Track Special Court, Dharashiv, in Criminal Bail Application No. 242 of 2026, whereby the application for anticipatory bail of Appellant No. 1 came to be rejected. 3. Whereas, co-accused-Azhar Shamshoddin Shaikh had moved Criminal Bail Application No. 253 of 2026 for pre-arrest bail, which was rejected by the learned Special Judge, Fast Track Court. Thereafter, the co-accused approached this Court by filing Criminal Appeal No. 487 of 2026, which was subsequently withdrawn qua appellant No. 2. Following the withdrawal, the co-accused filed Criminal Bail Application No. 306 of 2026 before the learned Additional Sessions Judge, Dharashiv, however, upon the filing of the charge-sheet, the said bail application was rejected vide order dated 17.07.2026. Furthermore, the co-accused filed a subsequent bail application in Sessions Case No. 76 of 2026 before the learned Additional Sessions Judge, Dharashiv, which was also rejected on 30.07.2026. Therefore, co- Criminal appeal no. 487.2026.odt accused, namely Azhar Shamshoddin Shaikh filed Criminal Appeal No.652 of 2026 for seeking regular bail. 4. According to the First Informant, Pranav Sanjay Dilpak, the alleged incident occurred on 29.04.2026 at Dharashiv. It is stated that while the informant was riding a Honda Shine motorcycle bearing registration No. MH-25-AR-4272 along with his elder brother, Vinayak Sanjay Dilpak, from their residence at Tuljapur Naka towards their business establishment, "Vinayak Traders," carrying cash, Appellant No. 1, Shafique @ Gafique Noorahmed Shaikh, wrongfully intercepted their vehicle with his autorickshaw. Appellant No. 1 alighted from the rickshaw, targeted Vinayak's saffron-colored shirt, and uttered intentional caste-based abuses before physically assaulting and pushing him. Shortly thereafter, co-accused Azhar Shamshoddin Shaikh and S. U. Sayyed joined the altercation. Co- accused Azhar Shaikh allegedly retrieved an iron rod from the nearby "Bullet Raja Garage," struck the informant on his head causing severe injuries, and issued death threats. While the informant was injured, the accused repeatedly assaulted Vinayak with kicks and blows while continuing to hurl caste-based insults. In the course of the incident, co-accused Azhar Shaikh forcibly dispossessed the informant of Rs.16,000/- kept in his shirt pocket. On these allegations, the subject FIR came to be registered against the appellants. Page 3 of 7 Criminal appeal no. 487.2026.odt 5. Upon completion of the investigation, the charge-sheet came to be filed before the learned Trial Court, bearing Charge-Sheet No. 128 of 2026, on 07.07.2026. 6. Learned counsel for the Appellant submitted that there is an unexplained delay of 9 days in lodging the FIR, the incident occurred on 29.04.2026 while the FIR came to be registered only on 08.05.2026 which prima facie indicates deliberation and false implication. It is further submitted that the impugned order passed by the learned Trial Court suffers from a total non-application of mind. The alleged incident appears to be a sudden case of road rage between strangers, bereft of any prior enmity or motive, and the subject FIR has been lodged as a counter-blast. It is also pointed out that the investigation is complete and the charge-sheet has already been filed, no further recovery is to be made from the Appellants, and the Appellants have no criminal antecedents. Having regard to these circumstances and the stage of the proceedings, the continued incarceration of the Appellant in Criminal Appeal No. 652 of 2026 is not warranted. Consequently, both the appeals deserve to be allowed. 7. Per contra, learned APP for state and Learned Counsel for Informant strongly opposed the appeals. It is argued that the charges are serious, involving a physical assault with an iron rod and the forcible taking of cash. It is contended that the delay in filing the FIR is due to the informant being Criminal appeal no. 487.2026.odt busy with CET and NEET examinations. It was further submitted that explicit caste-based abuses were hurled in public view, thereby attracting the statutory bar against the grant of bail under Section 18 of the Atricities Act. Learned counsel for the informant relied upon the judgment of Hon’ble Surpreme Court in case of Kiran v/s Rajkumar Jinnah Jain and others, MANU/SC/1222/2025. 8. Perusal of the investigation papers shows that the informant sustained one simple injury whereas the Appellant No.1 in Criminal Appeal No. 487 of 2026, Shafiq Noorahmed Shaikh, had sustained injuries in the course of the very same incident (vide MLC No. PPO/839/26) and was admitted to the Government Medical College and Hospital, Dharashiv, from 29.04.2026 to 01.05.2026, as evidenced by the discharge certificate produced before this Court. Prima facie the injuries caused to both sides indicate that it is a case of sudden road-rage, altercation on the road between the parties. There is no allegation against the appellants of casteist abuses against the informant and the statements of witnesses are contrary to the first informants’ contention as the witnesses do not state the abuses. Furthermore, there is substance in the contention of counsel for appellant No. 1 in Criminal Appeal 487 of 2026, about non-application of provisions of atrocities act and thereby embargo under section 18 of the Atrocities Act not being applicable to the case. Page 5 of 7 Criminal appeal no. 487.2026.odt 9. Since the investigation is already complete and the charge-sheet came to be filed, no further custody of the Appellant in Criminal Appeal No. 652 of 2026 is required. Considering that the Appellant has no criminal record, keeping him in custody is not warranted. 10. In view of the above, both the appeals stand allowed in following terms:- ORDER (i) In the event of arrest of appellant no.1-Shafiq Noorahmed Shaikh in Criminal Appeal No. 487 of 2026, in connection with Crime No. 189/2026, registered with Dharashiv City Police Station, for the offences punishable under Sections 118(1), 119(1), 352, 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 3(1)(r), 3(2)(v-a), and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount. (ii) Appellant-Azhar Shamshoddin Shaikh in Criminal Appeal No. 652 of 2026, in connection with Crime No. 189/2026, registered with Dharashiv City Police Station, for the offences punishable under Sections 118(1), 119(1), 352, 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 3(1)(r), 3(2)(v-a), and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, shall be released on bail on furnishing PB and SB of Rs.15,000/- Criminal appeal no. 487.2026.odt (Rupees Fifteen Thousand only) with one solvent surety in the like amount. (iii) They shall attend the concerned police station as and when called by the Investigating Officer. (iv)They shall not contact the witnesses directly or indirectly. (iv) They shall not interfere with the evidence in any manner whatsoever. (v) They are further directed to cooperate with the investigating agency for further investigation. (vi) Learned APP for the Respondent/State to communicate this order to the concerned Police Station. 11. The fees of the appointed counsel Ms. S. R. Kasture in Criminal Appeal No.487/2026 are quantified at Rs. 10,000/- (R. M. JOSHI, J.) Malani