Bombay High Court
MOHD SULTAN MIYABHAI SHAIKH ALIAS BILALversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that bail conditions may be modified to allow the accused four weeks to furnish sureties and to reduce the cash security to Rs.25,000.
Summary
The applicant, Mohd Sultan Miyabhai Shaikh, was granted bail by a Special NDPS Court on a bond of Rs.75,000 with one or two sureties and a cash security of Rs.50,000. He remained incarcerated for one year and eight months, claiming inability to provide the sureties due to financial hardship and loss of contact with family. He applied to the High Court seeking modification of the bail conditions, specifically a four‑week period to furnish the sureties and a reduction of the cash security to Rs.25,000. The High Court, considering the applicant’s prolonged detention and financial constraints, allowed the modification, ordering his release on the existing bond, a reduced cash security, and granting four weeks to provide the sureties, with the cash amount to be returned upon compliance. The application was disposed in these terms.
Issues considered
- Whether the bail conditions imposed under the NDPS Act can be modified to grant the accused additional time to furnish sureties and to reduce the cash security amount.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 29, 8(c)
Subjects
- bail
- NDPS Act
- surety
- cash security
- modification of bail conditions
- criminal procedure
Judgment
Digitally signed
by SANJAY
SANJAY ASARAM
ASARAM MANDAWGAD
MANDAWGAD Date:
2026.10.03 SA_MANDAWGAD 908 APPLN 270-26.DOC
16:58:49 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 270 OF 2026
Mohd Sultan Miyabhai Shaikh Alias Bilal … Applicant
V/S.
State of Maharashtra … Respondent
Mr. Girish Palav, for the Applicant.
Mr. Vinod Chate, APP for Respondent–State.
CORAM: SHYAM C. CHANDAK, J.
DATED : 1st OCTOBER, 2026
P.C. :-
1. Heard learned counsel for the parties.
2. Vide order dated 06.05.2026 in Criminal B.A. No. 1163 of
2026 passed by the Special Court (NDPS), Mumbai, applicant has
been granted bail in C.R. No. 83 of 2024 registered with L.T. Marg
Police Station, Mumbai, for the offence punishable under Sections
20(b) and 29 read with Section 8(c) of the Narcotic Drugs and
Psychotropic Substances Act, 1985, on his executing P.R. Bond in
a sum of Rs.75,000/- (Rupees Seventy-Five Thousand Only) with
one or two solvent sureties in the like amount. In addition, the
applicant is directed to deposit a sum of Rs.50,000/- towards cash
security.
3. Mr. Palav, learned Advocate for the applicant has submitted
that, the applicant has been behind bars for one year and eight
months. He has lost contact with his friends and family members.
Therefore, and due to poor financial condition, the applicant could
not furnish the surety/ies. However. The trial Court declined to
modify the bail condition. He submitted that if the applicant is
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SA_MANDAWGAD 908 APPLN 270-26.DOC
released on bail for a period of four weeks on his executing P.R.
Bond in a sum of Rs.75,000/- and depositing a sum of
Rs.25,000/- in lieu of surety, the applicant will furnish the surety
as directed.
Considering these submissions, I am inclined to allow the
application. Hence, following Order is passed.
(a) The applicant is granted four weeks time to furnish
the surety/ies. Till then, the applicant be released on bail on
his executing P.R. Bond in a sum of Rs.75,000/- and
depositing a sum of Rs.25,000/- in lieu of sureties.
(b) Upon furnishing the surety/ies within the said four
weeks period, the said sum of Rs.25,000/- shall be returned
to the applicant.
4. Application stands disposed of in above terms.
(SHYAM C. CHANDAK, J.)
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