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Bombay High Court
Hashmant Ali Haidar Ali Khan vs State Of Maharashtra on 9 April, 2026
2026:BHC-AS:16951 16-BA-849-2026 W IA-817-2026.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 849 OF 2026
Afsar Ali Hasan Shaikh @ Hannan And Anr. ...Applicants
Versus
The State of Maharashtra ...Respondent
INTERIM APPLICATION NO. 817 OF 2026
IN
CRIMINAL BAIL APPLICATION NO. 849 OF 2026
Hashmant Ali Haidar Ali Khan ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Ayush Pasbola, for the Applicants.
Ms. S. K. Gajare, APP, for the Respondent - State.
Mr. Vaibhav Ugle a/w Prashant Mahajan a/w Aditya Shinde a/w
Mr. Shubham Daswant for Intervener
CORAM: R. M. JOSHI, J.
DATED: 9th APRIL, 2026
PC:-
1. Applicants seek bail in connection with Crime No. 193 of
2025 registered with Agripada Police Station, Mumbai, for the
offences punishable under Sections 103(1), 238 and 61(2) of
Bhartiya Nyaya Sanhita, 2023 (for short "BNS").
2. In short, it is a case of the prosecution that Gulshan, wife
of accused No.1 died on 2nd April, 2025. Initially an offence
came to be registered punishable under Section 108 of BNS.
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Later on, on the basis of FSL Report, the offence under Section
103 of BNS came to be added. In connection with this crime,
Applicants who are the drivers of the deceased and Accused
No.1 are arrested.
3. Learned Counsel for the Applicants submit that the
evidence which is collected during the course of the
investigation, even if it is accepted to be correct, the offence
charged against the Applicants can not travel beyond Section
238 of BNS. In this regard, he made reference to the statements
of the witnesses so also the C.C.T.V. footage. It is his submission
that the co-accused against whom the similar role has been
attributed is enlarged on bail by this Court by order dated
22nd December, 2025 passed in Bail Application No. 3844/2025.
He further submits that Applicants have no criminal history
behind them.
4. Learned APP and learned Counsel for the Informant
oppose the application. It is their contention that there is
sufficient evidence on record to indicate the involvement of the
Applicants in this crime. In this regard reference is made to the
statements of the daughter as well as maid servant of the
deceased. Relying upon those statements, it is argued that the
presence of the Applicant just before the occurrence of the
incident so also after occurrence of the incident can be seen.
Thus, according to them it is sufficient to infer that this is a
case of conspiracy being hatched by the accused for committing
murder of the deceased. Reference is also made by the learned
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Counsel for the Informant to the memorandum statement of
accused No.1 in which he attributes specific role against his
driver. It is thus argued that considering the serious nature of
crime, applicants are not entitled for bail.
5. Prima facie perusal of the record indicates that there is no
allegation against the present Applicant who have been present
at the spot of the incident. Apart from this, this Court finds
substance in the contention of the learned Counsel for the
Applicant that prima facie there is no evidence in order to
indicate any conspiracy being hatched by the Applicants
alongwith co-accused for committing murder of the deceased.
The record on the face of it indicates that the offence which
could be made attributable against the Applicants is punishable
under Section 238 of BNS.
6. In absence of any evidence to indicate any conspiracy
being hatched by the Applicants with the co-accused, it cannot
be apparently made responsible for the alleged murder of the
deceased. Applicants have no criminal history. They are not
likely to flee from justice. Considering prima facie role
appearing against them in this crime, they are entitled for bail.
Hence, order.
ORDER
i) Criminal Bail Application stands allowed in
connection with Crime No. 193 of 2025 registered
with Agripada Police Station, Mumbai, for the
offences punishable under Sections 103(1), 238
and 61(2) of Bhartiya Nyaya Sanhita, 2023.
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16-BA-849-2026 W IA-817-2026.ODT
ii) The Applicants be enlarged on bail, on furnishing
P. R. Bond of Rs.15,000/- each with one surety in the
like amount, to the satisfaction of the Trial Court.
iii) The Applicant not to interfere in the evidence of
prosecution, in any manner, whatsoever.
iv) The 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.
7. In view of the above, Application stands allowed and
disposed of accordingly.
8. In view of the above, interim application also stands
disposed of.
9. 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/-
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