Bombay High Court
Fiddiyan Munaf Shaikh vs State Of Maharashtra on 23 September, 2025
2025:BHC-AS:40257
Prasad Rajput
(P.A.) 9-BA-5463-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.5463 OF 2024
Fiddiyan Munaf Shaikh ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Sherali S.Khan, for the applicant.
Ms. Anamika Malhotra, APP for the Respondent - State.
PSI - Madhav M. Bhise, Sakinaka Police Station, present.
CORAM DR. NEELA GOKHALE, J.
DATED: 23RD SEPTEMBER 2025
PC:-
1. By this Application, the Applicant seeks his
enlargement on bail in connection with C.R.No.216 of 2024
dated 24.02.2024 registered with the Sakinaka Police Station,
for the offences punishable under Sections 8(c), 22(c) and 29
of the Narcotic Drugs and Psychotropic Substances Act, 1985
(for short 'NDPS' Act).
2. As per the prosecution case, in all there are 5
accused persons involved in the present case. Present
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Applicant is arraigned as Accused No.4. Accused No.1 was
apprehended and during his interrogation he revealed the
name of one Sohail Ajgar Baig i.e. Accused No.2 in the case,
who in turn stated that he was purchasing the contraband
from Accused No.4 i.e. the Applicant herein. Accordingly, the
present Applicant was also apprehended. He gave a disclosure
statement and at his behest, the officials recovered 25 grams
of contraband in a room inhabited by him.
3. Mr.Sherali Khan, learned counsel for the Applicant
states that Applicant was arrested in March, 2024 and till date
even the charges are not framed by the Trial Court. 25 grams
of Mephedrone (MD) was recovered from the Applicant,
which is a non-commercial quantity. Mr.Khan further states
that apart from the disclosure statement made by the
Applicant, there is no other evidence linking him with the
Accused No.1 in the said case. Thus, he submits that there is
no conspiracy and prima facie it cannot be said that an
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offence is made out. He thus, seeks Applicant's enlargement
on bail.
4. Per contra, Ms.Anamika Malhotra, learned APP
representing the State, submits that section 29 of the NDPS
Act is invoked and there is a conspiracy between all the five
accused in the commission of said offence. She states that 18
months' incarceration cannot be termed as long incarceration
especially in cases involving NDPS Act. She submits that even
though only 25 grams have been recovered from the drawer
in the house inhibited by the Applicant, the entire conspiracy
indicates that there was 575 grams of Mephedrone (MD)
recovered in the present case and hence, rigours of Section 37
would apply. It cannot be said that the Applicant is not
connected in the present crime. She thus, resists the grant of
bail to the Applicant.
5. I have heard the counsel and perused the papers
with their assistance. The Panchanama dated 31st March, 2024
clearly indicates that 25 grams of Mephedrone (MD) was
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recovered at the behest of the Applicant. Admittedly, there
were two persons who were staying in the said room and had
access to the said drawer from which the said contraband was
recovered. It cannot be said that the Applicant alone was
concerned with said 25 grams of Mephedrone, at this stage.
6. The gist of the charge-sheet also shows that the
main Accused namely Mujahid Murtuja Khan i.e. Accused
No.1 was apprehended with 500 grams of Mephedrone. He
made a statement that he was purchasing the contraband
from Sohail Ajgar Baig namely Accused No.2 and this Sohail
was also purchasing the contraband from the Applicant.
Although at first blush there appears to be a link between the
main accused and the present Applicant, prima facie a
conspiracy cannot be established from the gist of the charge-
sheet.
7. Moreover, an opinion may not be formed at this
stage as to whether the Applicant is guilty of the conspiracy or
not. Admittedly, the Applicant has spent as many as 18
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months in custody. The Supreme Court, in a series of
judgments held that, prolonged incarceration generally
militates against most precious fundamental right guaranteed
under Article 21 of the Constitution of India and in such a
situation the conditional liberty must override the statutory
embargo created under Section 37(1)(d)(ii) of the NDPS Act.
Admittedly, the Applicant does not have any antecedents. In
that view of the matter, I am inclined to grant bail to the
Applicant only on the principle of long incarceration. 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; Applicant
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shall also attend the Sakinaka Police Station once in a
month between 11:00 a.m. to 02:00 p.m.;
iii) If the Applicant has not deposited his
passport, the Applicant shall deposit the same with
the concerned Police Station;
iv) The Applicant shall not leave India, without
the permission of the Trial Court;
v) The Applicant shall not tamper or attempt to
influence or contact the complainant, witnesses or
any person concerned with the case;
vi) The Applicant shall inform his latest place of
residence and mobile contact number immediately
after being released and / or change of residence or
mobile details, if any, from time to time to the Court
seized of the matter and to the Investigating Officer
of the concerned Police Station;
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vii) The Applicant to co-operate with the conduct
of the trial;
viii) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
8. Application is allowed in the above terms and is
accordingly disposed of.
9. 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)
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