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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

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

                                                              Page 1 of 2
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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