[Cites 7, Cited by 0]
Bombay High Court
Shakib Hanif Shaikh vs The State Of Maharashtra on 29 January, 2026
2026:BHC-AS:4489 19-BA-2221-2025.DOC
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2221 OF 2025
Shakib Hanif Shaikh ...Applicant
Versus
The State Of Maharashtra ...Respondent
Mr. Sherali S. Khan a/w Azfar Khan, for the Applicant.
Ms. Poonam P. Bhosale, APP for the State-Respondent.
API - Amol Kadam, A.N.C. Worli Unit, is present.
CORAM : DR. NEELA GOKHALE, J.
DATED : 29th JANUARY 2026
PC:-
1. The Applicant seeks his release on bail in connection
with C.R. No.6 of 2024 dated 24th January 2024 registered
with ANC, Worli Unit, Mumbai 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. There are in all five accused. Accused Nos. 2 and 5 are
released on bail. The present Applicant is Accused No.1.
3. While the officials of the ANC, Mumbai were on
patrolling duty, they found the Applicant lurking in suspicious
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circumstances. After following the due process of the NDPS
Act, the Applicant was searched and 100 grams of
Mephedrone (MD) was found from his person, pursuant to
which the FIR was registered and, in that regard, the
Applicant was arrested on the same day i.e. on 24th January
2024.
4. The Applicant made an application seeking bail before
the Special Judge (NDPS), City Civil and Sessions Court at
Greater Bombay. However, by order dated 5th February 2025,
the said application was rejected. Hence, the Applicant is
before this Court seeking the relief as prayed.
5. Mr. Sherali Khan, learned counsel for the Applicant,
submits that the Applicant was arrested on 24th January 2024
and till date, he has suffered almost two years of
incarceration. The charges are framed; however, the recording
of evidence is yet to commence. Mr. Khan further submits that
there is non-compliance of the various provisions of the NDPS
Act, including Sections 42 and 50 of the said Act. He also
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submits that there is a violation of the provisions of Cr.P.C.
pertaining to the selection of the panch witnesses, namely that
the persons called as panchas are from the vicinity of the
Respondent's office itself and not from the spot where the
search was effected. He thus submits that there is non-
compliance of the Cr.P.C. as well. He submits that the
Applicant has suffered long incarceration and on this ground,
he deserves to be enlarged on bail.
6. Ms. Poonam Bhosale, learned APP, submits that the
charges are framed and the trial is likely to commence and
conclude soon. There are as many as 19 witnesses that the
prosecution intends to examine. She however, concedes that
there are no antecedents pertaining to the Applicant. She has
also pointed to the statement of the bank accounts of the
Applicant maintained by him in the Bank of Maharashtra and
it appears that he has received certain amounts from Accused
No.2. Accused No.2 is alleged to be the supplier of the
contraband. She thus submits that there is evidence to
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indicate the complicity of the present Applicant in the offence
and hence, the Bail Application be rejected.
7. I have heard learned counsel appearing for the
respective parties and perused the record with their
assistance.
8. I have also examined the orders enlarging Accused
Nos.2 and 5 on bail. Considering the length of incarceration of
the Applicant i.e. two years and considering the fact that the
recording of evidence has not commenced, I am inclined to
enlarge the Applicant on bail on certain conditions.
Admittedly, there are no antecedents pertaining to the present
Applicant and hence, it is not likely that he will repeat the
same offences. Accordingly, it is ordered as under:
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;
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ii) The Applicant shall attend the Police Station concerned,
on first Monday of every month between 10:00 a.m. and
12:00 p.m., till the charges are framed. He shall also attend
the Trial Court concerned on each and every date as directed,
till the conclusion of the trial, save and except if the Applicant
is exempted from appearance by orders of the Trial Court.
iii) If the Applicant has not deposited his passport, the
Applicant shall deposit the same with the concerned Police
Station, if any;
iv) The Applicant shall not leave India, without 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
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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;
vii) The Applicant to co-operate with the conduct of the
trial;
viii) Any infraction of the aforesaid conditions shall entail
cancellation of bail.
9. Application is allowed in the above terms and is
accordingly disposed of.
10. It is made clear that the observations made herein are
prima facie and are confined to this Application and the Trial
Judge to decide the case on its own merits, uninfluenced by
the observations made herein.
(Dr. Neela Gokhale, J)
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