Disposed¶68

Mohd. Hashim Abul Wafa Khan v. State of Maharashtra

Bombay HC7 Jul 2025BA/3905/2024

Case brief

AI extract

What is this about?

Bail applications 3905/2024, 2022/2025, 5070/2024 and 5301/2024 (applicants Mohd. Hashim Abul Wafa Khan, Aamir Sadique Khan @ Edu Shaikh, Sameer Mohammad Sadique Khan, Faradeen Arif Khan) stood over to 10.10.2025; complainant Sajid Abdulwahab Shaikh's intervention allowed in IA 4489/2024; Supreme Court notice in SLP (Crl.) Nos. 13829-13830/2025 against Bombay HC bail order dt. 19.08.2025 to Jishan Sadique Khan Alias Shaikh, parity barred; Bombay HC, Dr. Neela Gokhale J., 18.09.2025.

What did the court decide?

Complainant's Intervention Application No. 4489 of 2024 in Bail Application No. 3905 of 2024 allowed; all bail applications and connected interim applications stood over/adjourned to 10th October 2025 in view of the Supreme Court's observation barring use of the 19th August 2025 bail order for parity. ¶68

Mohd. Hashim Abul Wafa Khan vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the pending bail applications can be proceeded with or decided at this stage, in view of the Supreme Court notice in SLP (Crl.) Nos. 13829-13830 of 2025 challenging the Bombay High Court's 19th August 2025 bail order to Jishan Sadique Khan Alias Shaikh, and the Supreme Court's specific observation that that order shall not be used for according parity to other accused persons.

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Court's answer

In view of the Supreme Court's specific observation that the Judgment and Order dated 19th August 2025 granting bail to Jishan shall not be used for according parity to other accused persons, the bail applications and connected interim applications are stood over (adjourned) to 10th October 2025; no bail decision on merits is rendered in this order.

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Ratio / Principle

Intervention Application No. 4489 of 2024 made on behalf of the Complainant, seeking intervention, is allowed.

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Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Dr. Neela Gokhale, J., 18 September 2025 — consolidated listing of five bail applications (Nos. 3905/2024 — Mohd. Hashim Abul Wafa Khan; 2022/2025 — Aamir Sadique Khan @ Edu Shaikh; 5070/2024 — Sameer Mohammad Sadique Khan; 5301/2024 — Faradeen Arif Khan) and connected interim applications (IAs 4489/2024, 2984/2024 in BA 2022/2024, 52/2025, 51/2025, principally by Sajid Abdulwahab Shaikh). At the outset, the Complainant's Intervention Application No. 4489 of 2024 in BA 3905/2024 was allowed. On arguments revealing that the Supreme Court, by order dated 9 September 2025 in SLP (Crl.) Nos. 13829-13830 of 2025, had issued notice challenging this Court's order dated 19 August 2025 granting bail to co-accused Jishan Sadique Khan Alias Shaikh (matter expected to be heard 7 October 2025), and that the Supreme Court specifically observed the said bail order shall not be used for according parity to other accused persons, the Court stood over all matters to 10 October 2025. No bail application was decided on merits.

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923-BA-3905-2024.DOC

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Shivgan

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.3905 OF 2024

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Mohd. Hashim Abul Wafa Khan …Applicant Versus

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State of Maharashtra …Respondent

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WITH INTERIM APPLICATION NO.4489 OF 2024 IN

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BAIL APPLICATION NO.3905 OF 2024

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Sajid Abdulwahab Shaikh …Applicant

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Versus

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State of Maharashtra …Respondent

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WITH BAIL APPLICATION NO.2022 OF 2025

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Aamir Sadique Khan @ Edu Shaikh …Applicant Versus

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State of Maharashtra

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…Respondent

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WITH INTERIM APPLICATION NO.2984 OF 2024

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BAIL APPLICATION NO.2022 OF 2024

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Sajid Abdulwahab Shaikh …Applicant

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Versus

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State of Maharashtra …Respondent

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WITH

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BAIL APPLICATION NO.5070 OF 2024

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Sameer Mohammad Sadique Khan …Applicant

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Versus

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State of Maharashtra …Respondent

Page 1 of 4

18^th September 2025

923-BA-3905-2024.DOC

WITH

INTERIM APPLICATION NO.52 OF 2025

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BAIL APPLICATION NO.5070 OF 2024

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Sajid Abdul Wahab Shaikh

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…Applicant

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Versus

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State of Maharashtra and Anr.

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…Respondents

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WITH

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BAIL APPLICATION NO.5301 OF 2024

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Faradeen Arif Khan …Applicant

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Versus

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State of Maharashtra …Respondent

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WITH

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INTERIM APPLICATION NO.51 OF 2025

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BAIL APPLICATION NO.5301 OF 2024

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Sajid Abdulwahab Shaikh …Applicant

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Versus

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State of Maharashtra …Respondent

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Mr Shirish Gupte Senior Advocate a/w Mr. Pandit Kasar, for the Applicant in BA No.3905 of 2024 .

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Mr Aniket Vagal, for the Applicant in BA No.5070 of 2024 and BA No.2022 of 2025 .

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Mr Afroz Momin a/w Nikhat Momin i/by A.K. Momin & Associates, for the Applicant in BA No.5301 of 2024.

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Mr Sudeep Pasbola Senior Advocate, with Ayush Pasbola, Rishab Khot and Vaibhav Hari, for the Intervenor in IA No.4489 of 2024 .

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Ms Muskan Shaikh, i/b Mateen Shaikh for the Applicant in IA No.2984 of 2025, IA No.51 of 2025 and IA No. 52 of 2025 .

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Mr Y.Y. Dabke, APP for the Respondent – State . API – Rupchand Shete, attached to Shantinagar Police Station,

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Page 2 of 4 18^th September 2025

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923-BA-3905-2024.DOC

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Bhiwandi,, present .

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CORAM DR. NEELA GOKHALE, J. DATED: 18^TH SEPTEMBER 2025

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PC:-

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1. At the outset, Intervention Application No. 4489 of 2024

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made on behalf of the Complainant, seeking intervention, is allowed.

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2. After some arguments, it transpires that there is an order dated 9^th September 2025 passed by the Supreme Court in Special Leave to Appeal (Crl.) No(s). 13829-13830 of 2025 wherein the notice has been issued in the Special Leave to Appeal, challenging the order dated 19^th August 2025 passed by this Court, granting bail to Jishan Sadique Khan Alias Shaikh

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3. Mr. Pasbola, learned Senior Counsel, states that the matter before the Supreme Court is likely to be heard on 7^th October 2025.

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Page 3 of 4 18^th September 2025

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923-BA-3905-2024.DOC

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4. Since the Supreme Court has specifically observed that the Judgment and Order dated 19^th August 2025 granting bail to said Jishan shall not be used for according parity to other accused persons, stand over to 10^th October 2025.

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(DR. NEELA GOKHALE, J)

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Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2025.09.19
18:21:04
+0530

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Page 4 of 4 18^th September 2025

Mohd. Hashim Abul Wafa Khan v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mohd. Hashim Abul Wafa Khan v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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