Saifuddin Abutaleb Shaikh vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Saifuddin Abutaleb Shaikh vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both applications allowed and disposed of: regular bail granted to Shahid Sikandar Shaikh and Saifuddin Abutaleb Shaikh in C.R.No. 651 of 2023 on executing a P.R. Bond of Rs. 30,000/- each with one or two sureties of the like amount, subject to conditions that they attend the concerned police station as and when required and that they do not tamper with evidence or influence or contact the complainant, witnesses or any person concerned with the case.

Issue for consideration

Whether the applicants, charged with offences arising from the attempted bank robbery in C.R.No. 651 of 2023 (Wakad Police Station, Pune), are entitled to regular bail, having been in custody over 2½ years with no trial progress, and given that a co-accused facing similar allegations has already been released on bail by this Court (principle of parity). +1 more

Court's answer

The applicants are entitled to bail on the principle of parity, since a co-accused against whom similar allegations were made had already been released on bail by this Court; the Court also noted the applicants' custody of over 2½ years with no progress in the trial.

Ratio / Principle

Order clause (i): both applicants, Shahid Sikandar Shaikh and Saifuddin Abutaleb Shaikh, are released on bail in C.R.No. 651 of 2023 registered with Wakad Police Station, Pune, on executing a P.R. Bond of Rs. 30,000/- each and furnishing one or two sureties in the like amount.

Key takeaways

Order clause (ii): the applicants shall attend the concerned police station as and when required.ratio¶29
Order clause (iii): the applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.ratio¶30
Clarification recorded in para 7: the observations in the order were made only for the purpose of granting bail; the Trial Court shall decide the case on its own merits in accordance with law, uninfluenced by the observations made in this order.

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), common order dated 03.02.2026 by Shivkumar Dige J., allowing two bail applications arising out of the same crime — B.A. No. 2091/2025 (Shahid Sikandar Shaikh) and B.A. No. 5033/2024 (Saifuddin Abutaleb Shaikh) — in C.R.No. 651 of 2023, Wakad Police Station, Pune (Sections 307, 353, 395, 398, 458, 511 IPC; Arms Act s.4(25); Maharashtra Police Act s.37(1)(3) read with 135), concerning an alleged attempted bank robbery of 08.07.2023 in which the informant and police personnel were allegedly attacked with a sharp weapon with intent to kill. Bail was granted on the principle of parity — a co-accused with similar allegations had earlier been released on bail by this Court — the applicants having spent over 2½ years in custody with no trial progress. Terms: P.R. Bond of Rs. 30,000/- each with one or two sureties of like amount; attendance at the concerned police station as and when required; no tampering with evidence or influencing/contacting the complainant, witnesses or persons concerned. The Court expressly stated that its observations are for the bail purpose only and the Trial Court is to decide the case independently.

4-BA-2091-2025 (CR).doc

Shubhada S Kadam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2091 OF 2025

Shahid Sikandar Shaikh ….Applicant versus The State of Maharashtra ….Respondent

with

BAIL APPLICATION NO. 5033 OF 2024

Saifuddin Abutaleb Shaikh ….Applicant versus The State of Maharashtra ….Respondent

Mr. Vaibhav Chandanshiv, Advocate for Applicant in BA/2091/2025. Mr. Satyavrat Joshi i/b. Mr. Yash G. Fadtare, Advocate for Applicant in BA/5033/2024.

Ms. Ranjana D. Humane, APP for Respondent-State.

CORAM : SHIVKUMAR DIGE, J. DATE : 3^rd FEBRUARY, 2026.

P.C. :

These two applications are arising out of the same crime, and I am deciding these applications by a common order.

Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2026.02.05 11:04:53 +0530

By these applications, the applicants are seeking regular bail in C.R.No. 651 of 2023 registered with Wakad Police Station, Pune for the offences punishable under Sections 307, 353, 395, 398, 458, 511 of Indian Penal Code, 1860, Sections 4(25) of the Arms Act and Section 37(1)(3) read with 135 of the Mahrashtra Police Act.

Page 1 of 3

4-BA-2091-2025 (CR).doc

Shubhada S Kadam

It is prosecution’s case that on 08.07.2023, some unknown persons tried to rob the bank by breaking open the door of the said bank. When first informant and police personnel tried to prevent them, they assaulted them with sharp weapon with an intention to kill them and thereafter ran away. It is alleged that applicants were one of those eight persons, who tried to rob the bank.

4 It is contention of learned counsel for the applicants that the applicants are behind bars for more than 2 ½ years. There is no progress in the trial. The co-accused, against who similar allegations are made, has been released on bail by this Court. Hence, the applicants are entitled to bail on the principle of parity and requested to allow the applications.

It is contention of learned APP that the applicants have two antecedents. They attempted to rob the bank. When police personnel prevented them, the applicants and co-accused tried to assault the police personnel with an intention to kill them. If applicants are released on bail, they may abscond and requested to reject the application.

I have heard all learned counsel. Perused charge-sheet and documents produced on record. The applicants are behind bars for more than 2 ½ years. There is no progress in the trial. The co-accused, against who similar allegations are made, has been released on bail by this Court. Hence, the applicants are entitled to bail on the principle of parity and I

Page 2 of 3

4-BA-2091-2025 (CR).doc

Shubhada S Kadam

pass following order:

ORDER

(i) The applicants viz. Shahid Sikandar Shaikh and Saifuddin

Abutaleb Shaikh are released on bail in C.R.No. 651 of 2023 registered with Wakad Police Station, Pune, on executing P.R.Bond of Rs.30,000/- each, on furnishing one or two sureties in the like amount.

(ii) The applicants shall attend the concerned police station as and when required.

(iii) The applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

The applications are allowed in the aforesaid terms and are accordingly disposed of.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

All concerned to act on the authenticated copy of this order.

(SHIVKUMAR DIGE, J.)

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