Bombay High Court
Sohail Ajgar Baig vs State Of Maharashtra on 8 October, 2025
2025:BHC-AS:43515 17-BA-1505-2025.DOC
Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1505 OF 2025
Sohail Ajgar Baig ...Applicant
Versus
State of Maharashtra ...Respondent
Mr Anil G Lalla, with Yash S Pulekar, Rushil Alag, Yashvi Jain,
Deepti Panadi and Devang Rawal, for the Applicant.
Ms Megha S Bajoria, APP for the Respondent-State.
Mr Sopan Bhagwat Wadkar (Pairavi Adhikari), PSI attached to
Sakinaka Police Station present.
CORAM Dr. Neela Gokhale, J.
DATED: 8th October 2025
PC:-
1. The Applicant seeks his release on bail in connection
with FIR No.216 of 2024 dated 24 th February 2024 registered
with the Sakinaka Police Station, Mumbai for the offences
punishable under Sections 8(c), 22(c) and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1983 ('NDPS Act' for
short).
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2. As per the prosecution case, in all there are 5 accused
persons involved in the present case. The Applicant is the
Accused No.2. On information provided by the co-accused
during his interrogation, the Applicant was implicated. The
Applicant gave a disclosure statement and at his behest, the
officials recovered 50 gms of contraband from a room
inhabited by him. Hence, he was also arraigned as Accused in
the present C.R. He made a bail application before the Special
NDPS Court and by an order dated 7 th December 2024, the
same was rejected. Hence, he is before this Court seeking
reliefs as prayed.
3. Mr. Anil Lalla, learned counsel appearing for the
Applicant, at the very outset, has tendered an order dated 23 rd
September 2025 passed by this Court, granting bail to co-
accused in the present C.R. In the said order, 25 gms of
Mephedrone (MD) was recovered from that accused, which is
of a non-commercial quantity. Mr. Lalla submits that even
from the present Applicant only 50 gms of MD was recovered,
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which is a non-commercial quantity and hence, the rigors of
Section 37 of the NDPS Act, shall not apply.
4. Per contra, Ms. Megha Bajoria, learned APP representing
the State, submits that Section 29 of the NDPS Act has been
invoked and there is a conspiracy between all the five accused
in the commission of the said offence. She also submits that
50 gms of MD is a commercial quantity and bar of Section 37
of the NDPS Act shall operate. She thus, resists the said Bail
Application.
5. I have heard the counsel and perused the papers with
their assistance. It is apparent that the Applicant was arrested
on 28th February 2024 and he has already suffered
incarceration of about 1 and ½ years. The Supreme Court, in
a series of judgments has held that, prolonged incarceration
generally militates against the most precious fundamental
right guaranteed under Article 21 of the Constitution of India
and in such a situation, conditional liberty must override the
statutory embargo created under Section 37(1)(d)(ii) of the
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NDPS Act. Admittedly, the Applicant does not have any
antecedents. He is thus, prima facie unlikely to repeat the said
offence. Moreover, the co-accused is also granted bail, albeit
the quantity recovered from him is acceptably non-
commercial.
6. In view of the aforesaid, I am inclined to grant bail to
the Applicant. Hence, the following order:
ORDER
i) The Applicant be enlarged on bail, on
executing PR Bond in the sum of Rs.50,000/ with
one or two local sureties in the like amount;
ii) The Applicant shall attend the Trial Court
concerned on each and every date unless exempted
by the orders of the Trial Court concerned;
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iii) The Applicant shall also attend the concerned
Police Station once in a month on the first Saturday
of every month between 11:00 a.m. to 02:00 p.m.;
iv) The Applicant shall deposit his passport, if
any is issued to him, with the concerned Police
Station;
v) The Applicant shall not leave India, without
the permission of the Trial Court;
vi) The Applicant shall not tamper or attempt to
influence or contact the complainant, witnesses or
any person concerned with the case;
vii) The Applicant shall inform his latest place of
residence and mobile number immediately after
being released and / or change of residence or
mobile details, if any, from time to time to the Court
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seized of the matter and to the Investigating Officer
of the concerned Police Station;
viii) The Applicant to co-operate with the conduct
of the trial;
ix) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
7. Application is allowed in the above terms and is
accordingly disposed of.
8. It is made clear that the observations made herein are
prima facie and are confined to this Application and the
learned Trial Judge to decide the case on its own merits,
uninfluenced by the observations made herein.
(Dr. Neela Gokhale, J)
SHAMBHAVI
NILESH
SHIVGAN
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8 October 2025
