6. BA 3498-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3498 OF 2026 Sadique Abdul Karim Shaikh .Applicant Vs. The State of Maharashtra .Respondent Ms. Sana Raees Khan (Through VC) a/w. Mr. Jinay Jain, Advocates, for the Applicant Mr. Amit A. Palkar, APP, for the Respondent – State Mr. Sanjay Bagade, PSI, Wanwadi Police Station, Pune present CORAM : MILIND N. JADHAV, J. DATE : 21.09.2026 P. C. 1. Heard Ms. Khan (Through VC), learned Counsel for the Applicant and Mr. Palkar, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No. 405 of 2023 registered with Wanwadi Police Station, Pune for offences punishable under Sections 302, 307, 323, 504, 143, 144, 147, 148, 149, 120B of the Indian Penal Code, 1860, Section 4(25) of the Arms Act, under Section 37(1) r/w. 135 of the Maharashtra Police Act and under Section 7 of the Criminal Law Amendment Act. 3. The Applicant before me is arraigned as Accused No. 2 in the Anand 1 of 5 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.21 21:43:29 +0530 6. BA 3498-2026.doc present crime. He along with Accused No. 3, his son had summoned the other co-accused persons to reason out the dispute with the deceased Victim. It is seen that when the other co-accused arrived,they had arrived along with weapons like Sword and Rod.The dispute or the quarrel which had taken place on the previous day amongst the deceased and absconding co-accused Nos. 7 & 8 was attempted to be resolved by the present Applicant. The present Applicant is 60 years old, whereas the other co-accused persons are all young offenders.The charge of the prosecution against the present Applicant is that of conspiracy. Learned Counsel would submit that there is no incriminating material whatsoever recovered to define the precise role of the Applicant but according to the prosecution case and the statement that is recorded, it is stated that he had used a iron rod to assault on the leg of the Victim. However, she would submit that the said rod was recovered from another co-accused person and not the Applicant. One of the co-accused persons namely Accused No. 6 has already been granted bail by virtue of similarly placed circumstances by the trial Court on 21.02.2024.The Applicant has been in incarceration since 18.08.2023 for a period of over three years and one month. The trial has not commenced though the charge has been framed. The ignominy of the trial not been completed in the near foreseeable future Anand 2 of 5 6. BA 3498-2026.doc is prima facie evident. 4. In view of the aforesaid reasons, the Applicant has made out a case for grant of bail. 5. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Sadique Abdul Karim Shaikh is directed to be immediately released from prison in connection with CR. No. 405 of 2023; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Wanwadi Police Station, Pune, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall Anand 3 of 5 6. BA 3498-2026.doc entitle the prosecution to apply for cancellation of bail; (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 residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 6. 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 Anand 4 of 5 6. BA 3498-2026.doc hereinabove in this order. 7. Bail Application is allowed and disposed in the above terms. (MILIND N. JADHAV, J.) Anand 5 of 5