[Cites 8, Cited by 0]
Bombay High Court
Riyaz Abdul Rehman Shikilkar vs National Investigating Agency Mumbay ... on 23 February, 2026
Author: A. S. Gadkari
Bench: A. S. Gadkari
HEMANT
CHANDERSEN
2026:BHC-AS:9161-DB
SHIV
Digitally signed by H.C. SHIV 50.app1214.25.doc
HEMANT
CHANDERSEN SHIV
Date: 2026.02.23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
18:40:35 +0300
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1214 OF 2025
Riyaz Abdul Rehman Shikilkar
Age : 39 years, Occ : Nil
R/o : 47/1, Abdulla Godiwala Chawl,
Gulzar Gali, Navpada, Bandra (E), Mumbai.
Presently lodged in Thane Central Prision ... Appellant
vs.
1. National Investigation Agency
(At the instance of Naupada
Thane Police station later
investigation taken over by NIA)
2. The State of Maharashtra ... Respondents
Mr. Hasnain Kazi a/w Ms. Shraddha Wavhal, Ms. Simran Shaikh for the
Appellant.
Mr. Chintan Shah for Respondent-NIA.
Mr. Vinod Chate , APP for the Respondent-State.
Ms Shipra Singh, PI, NIA Mumbai, present.
CORAM :
A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
RESERVED ON : 16th FEBRUARY 2026
PRONOUNCED ON : 23rd FEBRUARY, 2026
JUDGMENT :
(PER SHYAM C. CHANDAK, J.)
1) This Appeal is by Original Accused No.1 under Section 21(4) of
the National Investigating Agency Act, 2008 (for short 'NIA Act') read with
Section 43D of the Unlawful Activities (Prevention) Act, 1967 (for short
H.C. SHIV 50.app1214.25.doc
'UAPA'), seeks quashing and setting aside of the impugned Order dated 2 nd
September 2024, passed by the learned Special Judge, City Civil and
Sessions Court, Greater Mumbai, in Special Case No.329 of 2023, under
Sections 489(A), 489(B), 489(C) read with 34 and 120B of the Indian Penal
Code (for short 'I.P.C.') and under Section 15(1)(a)(iiia), 16 & 18 of the
UAPA, for his release on bail in the said case during the pendency of trial.
2) The prosecution case is that, based on secret information, on
17th November, 2021 at about 15.00 hours, near Ganesh Talkies, Sai Mandir,
Charai, Naupada, Thane (West), Officers of Naupada Police Station
detained the Appellant and during his personal search in the presence of
panch witnesses, 149 counterfeit Indian currency notes of Rs.2000
denomination, having face value of Rs.2,98,000/- and some other articles
were seized. Thereafter, Appellant was taken to Naupada Police Station
where FIR was registered vide Cr. R. No.340/2021 under Section 489(C) of
IPC, on the basis of the complaint of Pramod M. Jadhav, HC No.3203,
attached to Central Crime Br. Thane City and the Appellant was arrested.
Investigation revealed that the Appellant and Accused No.2 Nasir
Usmangani Chaudhary ('A-2') used to receive instructions on WhatsApp call
from Mobile No. +60146950130 belonging to one person named 'Uncle'.
The A-2 used to be in contact with the Appellant. Said person 'Uncle' is
Javed Chikna @ Javed Patel, a designated individual terrorist as per Fourth
Schedule of UAPA. That, both the accused and said Javed Chikna @ Javed
H.C. SHIV 50.app1214.25.doc
Patel conspired and printed the said high quality FICNs of Rs.2,000/-
denomination with an intent to traffic, circulate and use the same in open
market to damage the economy of India. On examination, the Nashik Press,
Maharashtra confirmed that, the seized currency are high quality FICNs and
issued the report accordingly. After completion of investigation, charge-
sheet came to be filed against both accused on 6th April, 2022. Accused
No.3 Mohd. Fayaaz Shikilkar, was also found involved in the crime and
therefore supplementary charge-sheet was filed in the case.
3) Mr. Hasnain Kazi, the learned counsel for the Appellant
submitted that, the A-2 has been released on bail on the ground of long
incarceration pending the trial. The prosecution will examine large number
of witnesses. As such, the trial is not likely to be over in the near future.
Therefore, the Appellant may be released on bail on the ground of parity.
4) Per contra, Mr. Chintan Shah, the learned Spl. P. P. appearing
for the Respondent No.1 strongly opposed the Appeal. He submitted that,
there is ample evidence against the Appellant showing his involvement in
the crime. The Appellant was connected with the wanted accused namely
'Uncle' @ Javed Chikna @ Javed Patel, a designated individual terrorist as
per Fourth Schedule of UAPA. This offence was committed to damage the
nation's economy. Therefore bail may be refused.
5) It is an admitted fact that, the Appellant is behind bars for
more than four years and still the trial is going on. During police custody,
H.C. SHIV 50.app1214.25.doc
one High Quality FICN of Rs.2000/-denomination was recovered from the
A-2 which was allegedly sent to him by said 'Uncle' @ Javed Patel @ Javed
Chikna. The A-2 has been directed to be released on bail by the Judgment
dated 10th February 2026, predominantly on the ground of prolonged
incarceration pending trial. The reasons for the release of A-2 have been
elaborately stated in the said Judgment. As submitted by the learned
Spl.P.P., the prosecution will examine 60 more witnesses in this case. This
will certainly take a year or two to complete. The Appellant is similarly
situated as A-2 on the point of prolonged incarceration without trial. In
view thereof, the Appellant is entitled to be released on bail applying the
principle of parity.
6) Hence, the following Order :-
(a) The impugned Order dated 2nd September, 2024 passed
below Exh. 37 in Special Case No. 329 of 2023 by the
learned Special Judge, City Civil & Sessions Court, Greater
Mumbai, is quashed and set-aside.
(b) The Appellant be enlarged on bail, on his executing PR
bond in the sum of Rs.1,00,000/- with one or more solvent
local sureties in the like amount, to the satisfaction of the
learned Special Court.
(c) After his release from jail, the Appellant shall report to
the office of the National Investigating Agency, Mumbai
(Respondent No. 1), on the first Saturday of every month
between 10:00 a.m. to 12:00 noon, till the conclusion of the
trial.
H.C. SHIV 50.app1214.25.doc
(d) The Appellant shall not, either himself or through any
other person, tamper with the prosecution evidence and give
threats or inducement to any of the prosecution witnesses.
(e) The Appellant shall not leave the jurisdiction of the
trial court without the prior permission of the trial court, till
the conclusion of the trial.
(f) The Appellant shall surrender his passport, if any,
before the trial court, before his actual release from jail.
(g) The Appellant 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 seized of the matter and to the Investigating
Agency i.e. the Respondent herein.
(h) The Appellant to co-operate in concluding the trial of
present case and attend the trial court on all dates, unless
specifically exempted, by giving reasons in writing.
(i) If there is breach of any of the aforesaid conditions, the
prosecution will be at liberty to seek cancellation of
Appellant's bail.
7) Appeal is allowed in the aforesaid terms.
(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.)
