MOHAMMED ZAID AFZAL MUKHTAR AHMED SHAIKHversusSTATE OF MAHARASHTRA AND ANR

                                                    1-ABA-2037-2026.ODT




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2037 OF 2026
Mohammed Zaid Afzal Mukhtar Ahmed Shaikh              …Applicant
      Versus
The State of Maharashtra And Anr.                     …Respondents


Adv. Rohan Surve i/b Adv. Swati Dube a/w Adv. Fareen Saba Yakub
Shaikh and Adv. Siddhesh Balsaraf, for Applicant.

Mr. Arfan Sait, A.P. P., for Respondent – State.

Adv. Ashish Verma (Through V.C.), for Respondent No.2.

API Machindra Kolhe, Bhiwandi City Police Station, Thane,
is present.


                       CORAM :          PRAFULLA S. KHUBALKAR, J.
                       DATE        :    21ST SEPTEMBER 2026
P. C:-

1.       Heard learned counsel for the applicant as well as learned

APP for respondent-state.

2.       After the learned APP pointed out that the applicant has

not disclosed the criminal antecedents in the instant application

on affidavit but on the contrary has made a statement that the

applicant has no criminal antecedents, learned counsel for the

applicant, on instructions, seeks permission to withdraw the

instant application with liberty to file fresh application by




                                   Page 1 of 3
                              st
                           21 September 2026
                                                   1-ABA-2037-2026.ODT




disclosing all the criminal antecedents of the applicant on

affidavit.

3.    Learned counsel for applicant submits that the application

was earlier filed by another advocate and on the basis of

instructions given to him the statement about absence of

criminal antecedents was made. He also submits that in support

of the application an affidavit of the sister of the applicant is

filed subsequently disclosing all the criminal antecedents. Since

the affidavit of the sister with respect to criminal antecedents is

objected to by learned APP, learned counsel for applicant prays

for permission to file fresh application on affidavit of the

applicant himself. He also points out that an interim protection

order is operating since 30th July 2026 and accordingly the

applicant has attended the police station and has not misused

the liberty and therefore he prays for continuation of the same

protection till filing of the fresh application.

4.    Considering the fact that the applicant has not disclosed

all the criminal antecedents on affidavit in accordance with

judgment of Hon’ble Supreme Court in the matter of Zeba Khan

Vs. State of U.P. and Ors., reported at 2026 SCC Online SC 188,

the applicant is permitted to withdraw the instant application

                                  Page 2 of 3
                             st
                           21 September 2026
                                                        1-ABA-2037-2026.ODT




with liberty to file a fresh application after disclosing all the

criminal antecedents. It is however ordered that the interim

protection granted by order dated 30th July 2026 shall operate

for a period of three days from today i.e. till 24 th September

2026 and it shall come to an end on that day automatically.

5.          It is also clarified that, fresh application for Anticipatory

Bail, if any, filed by the applicant will be considered on its own

merits independently.

6.          Accordingly, the instant Application is disposed of as

withdrawn with liberty as prayed for.




                                            (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




                                      Page 3 of 3
                                 st
                               21 September 2026