H.C.SHIV v. The State of Maharashtra & Anr.

Mr. Sudeep Pasbola, Senior Advocate with Mr. Chinmay Godse i/b Mr. Dhananjay Mishra for the Applicant. Ms. Veera Shinde, APP for Respondent No.1 – State. Mr. Navin Singh for Respondent No.2. Mr. D. R. Ghanval, PSI, Parksite police station present. CORAM: DATED : SHYAM C. CHANDAK, J. 27th AUGUST, 2026 P.C. :-

Heard learned Counsel for the parties. Perused the record. The Applicant/Original Accused No.2 seeks his release on bail in connection with Sessions Case No.346 of 2025 pending on the file of the learned Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai. Said case arose out of Crime No.956 of 2024, registered with Parksite police station, Mumbai for offence punishable under Sections 103(1), 109,118(1), 115, 352, 3(5) of the Bharatiya Nyaya Sandhita, 2023 (“BNS”) and sections 37(1) and 135 of Maharashtra Police Act, 1951.

The prosecution case is that, on 20th December 2024, at about 7.30 pm, the incident occurred over the dispute of parking two wheeler in front of the shop of the informant, during which, Furkan (A1), Applicant and Tariq (A3) assaulted the deceased and his son-informant by hands. Additionally, A-1 assaulted the informant and the deceased with an iron stool. Consequently, the H.C.SHIV

911.BA31.26.DOC deceased sustained grievous injury and fell on the ground. When he was taken to the hospital, he was dead. Accordingly, present offence came to be registered and all the accused were arrested. On completion of the investigation, police filed the charge-sheet. The trial Court declined to release the Applicant on bail. Hence, this Application.

Mr.Pasbola, learned Senior Advocate for the applicant submitted that the incident occurred all of a sudden. Tariq (A-3), who was allegedly involved in the incident, but, did not use any weapon or object to assault, has been granted bail by this Court vide Order dated 16th March 2026 in BA/2562/2025. The Applicant has also not used any weapon or object to assault the other side. Thus, the role of the applicant is similar to the role of A-3. Therefore, on the ground of parity, the Applicant deserves to be released on bail.

In reply, Ms.Shinde, learned APP for Respondent No.1-State and Mr.Singh, learned Counsel for Respondent No.2 submitted that all the accused persons in furtherance of their common intention assaulted the deceased and his son. Therefore, even if no weapon is used by the applicant, he cannot escape the charge of the murder. As such, bail be refused.

I have considered these submissions in the light of the material on record and also viewed the CCTV footage which is available in the mobile phone of PSI Ghanvat. The said CCTV footage is not disputed by the parties. Said material clearly indicate that the incident occurred all of sudden. Certain members from both sides including the deceased were involved in the scuffle and they assaulted each other by hand. While said fight was going on, A-1 suddenly lifted an iron stool lyin gon the floor and gave a H.C.SHIV

911.BA31.26.DOC forceful blow over the head of the deceased. As a result, the deceased suffered grievous injury and he fell on the ground. Thereafter, he did not move. However, based on that material prima facie it cannot be said that A1 had assaulted the deceased in furtherance of the common intention of all the accused or that the said assault was pre-planned. No doubt, the Informant alleged that the Applicant had assaulted him with a metal Kada. However, the injuries sustained by the Informant are minor.

In the wake of above and having regard to the fact that the applicant is in incarceration for more than 18 months, he is entitled to be released on bail. Hence, following Order :- (i) The Applicant – Jeeshan Ahmad Istiyaq Ahmad Khan be released on bail in aforesaid Sessions Case No.346 of 2025 arising out of Fir No.956 of 2024, registered with Parksite police station, Mumbai, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The Applicant shall mark his attendance at Parksite Police Station on the 1st day of each calendar month between 12:00 noon to 4:00 p.m., till the conclusion of the trial. Said attendance should start from 1st September, 2026. (iii) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted. (iv) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witness to prevent them from deposing against him. H.C.SHIV

911.BA31.26.DOC (v) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigation Officer and shall keep him updated, in case there is any change. (vi) The Applicant shall not indulge in identical activities for which he has been arraigned in this case. (vii) The Applicant shall not enter the jurisdiction of Parksite Police Station, Mumbai till conclusion of trial except to mark his attendance in the said Police Station. (viii) It is clarified that any observation made in the present order are for the purpose of deciding the present Bail Application and should not influence the out come of the trial and also not be taken as an expression of opinion on the merits of the case.