Ayyan Mohammed Shaikh @ Ayyan Murgesh Shaikh vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

Ayyan Mohammed Shaikh @ Ayyan Murgesh Shaikh vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Bail Application allowed; Applicant to be enlarged on bail in Crime No. 111 of 2023 on furnishing P.R. Bond of Rs.30,000/- with one surety in the like amount to the satisfaction of the Trial Court; conditioned on appearing at the concerned Police Station once a month for six months and attending all dates of hearing before the Trial Court unless exempted by specific order; breach of conditions to result forthwith in cancellation of bail.

Issue for consideration

Whether the Applicant, whose investigation is complete and chargesheet filed but against whom no charge has been framed and whose trial has not progressed, can be kept in custody by way of pre-trial sentence, and is entitled to bail. +1 more

Court's answer

Once the investigation is over and the chargesheet has been filed, the Applicant cannot be kept in jail by way of pre-trial sentence.

Ratio / Principle

As regards the Applicant's conduct in jail, appropriate action as provided by law may be initiated against him, but such jail misconduct does not become a ground for rejection of bail.

Key takeaways

The observations in the order were made on a prima facie consideration of the material on record and shall not bind the parties during the final hearing of the trial.obiter¶29

Detailed headnote1 paragraphs

Bombay High Court (R. M. Joshi, J.) allowed Criminal Bail Application No. 827 of 2025 arising from Crime No. 111 of 2023, Trombay Police Station, Mumbai (Sections 307, 326, 323, 504, 506(2) read with 34 IPC; Sections 4 & 27 Arms Act; Sections 37(1)(a) & 135 Maharashtra Police Act). The investigation was complete and the chargesheet filed, but no charge had been framed and the trial had made no progress. The Court held that the applicant could not be kept in jail by way of pre-trial sentence, and that although appropriate action as provided by law could be initiated for misconduct committed in jail, such misconduct did not become a ground for rejection of bail. Bail was granted on a P.R. Bond of Rs. 30,000/- with one surety in the like amount, subject to monthly reporting at the concerned police station for six months and attendance at all trial dates; breach would entail cancellation of bail. All observations were expressly prima facie and non-binding at trial.

30-BA-827-2025.ODT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 827 OF 2025

Ayyan Mohammed Shaikh @Ayyan Murgesh Shaikh

…Applicant

Versus

The State of Maharashtra …Respondent

Mr. Vipul Dushing a/w Mr. Tanmay kate, for the Applicant. Mr Ashok S. Gawai, APP, for the Respondent - State. PSI Nitin Palande, Trombay Police Station, Mumbai, is present.

CORAM: R. M. JOSHI, J. DATED: 10^th APRIL, 2026

PC:-

Applicant seeks bail in connection with Crime No. 111 of 2023 registered with Trombay Police Station, Mumbai, for the offences punishable under Section 307, 326, 323, 504, 506(2) read with 34 of the Indian Penal Code, 1860 (for short “IPC”) and Sections 4 & 27 of Arms Act and an offences under Sections 37(1)(a) & 135 the Maharashtra Police Act.

In short, it is a case of the prosecution that on 21^st February 2023, an incident occurred, in which the present Applicant and the co-accused caused assault on the informant - injured. In the said incident, he sustained injuries. On the basis of the said report, an offence came to be registered against the Applicant.

Page 1 of 3 10^th April, 2026

30-BA-827-2025.ODT

Learned Counsel for the Applicant submits that Applicant came to be arrested on 21^st February 2023 since then he is in jail. It is his submission that after filing of the chargesheet on conclusion of the investigation, he cannot be kept in the custody by way of pre-trial sentence.

Learned APP opposes the application by pointing out criminal history of the Applicant. It is his further submission that the report submitted by the jail authority indicates that the Applicant has committed the misconduct in the jail

Now admittedly the investigation of the crime is over long back and the chargesheet came to be filed. No charge is framed, there is no progress in the trial.

Needless to say that Applicant cannot be kept in jail by way of pre-trial sentence. In so far as the conduct of the Applicant in jail is concerned, the appropriate action as provided by law can be initiated against him. This however does not become a ground for rejection of a bail. Hence, order :-

ORDER

i) Criminal Bail Application stands allowed in connection with Crime No. 111 of 2023 registered with Trombay Police Station, Mumbai, or the offences punishable under Section 307, 326, 323, 504, 506(2) read with 34 of the Indian Penal Code, 1860 and Sections 4 & 27 of Arms Act and offences under Sections 37(1)(a) & 135 the Maharashtra Police Act.

Page 2 of 3 10^th April, 2026

30-BA-827-2025.ODT

ii) The Applicant be enlarged on bail, on furnishing P. R. Bond of Rs.30,000/- with one surety in the like amount, to the satisfaction of the Trial Court.

iii) The Applicant is directed to concerned Police Station once in a month for a period of six month

iv) Applicant to attend all dates of hearing before the Trial Court, unless exempted by specific order.

v) Any breach of the aforestated condition shall result forthwith into cancellation of bail.

In view of the above, Application stands allowed and disposed of accordingly.

It is clarified that the above observations are made on prima facie consideration of the material on record and the same shall not bind the parties during the final hearing of the Trial Case.

(R. M. JOSHI, J.)

VDMokal/-

Page 3 of 3 10^th April, 2026