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Bombay High Court

AMIRULLAH HIDAYATULLAH KHANversusSTATE OF MAHARASHTRA

Decided
Disposal
Rejected

Holding

Bail cannot be granted on the basis of alleged medical urgency without supporting medical documentation.

Summary

The applicant, Amirullah Hidayatullah Khan, filed a criminal bail application claiming an urgent need for heart surgery. He asserted that his medical condition warranted immediate release on bail. The applicant's counsel, Mr. Hamidullah Khan, submitted a praecipe on 19 September 2026 but did not attach any medical certificate or supporting documentation. The Court examined the submission and emphasized that a claim of medical urgency must be substantiated by appropriate evidence. In the absence of any medical report or proof, the Court found no basis to grant bail on the asserted grounds. Consequently, the praecipe was rejected, and the bail application was dismissed.

Issues considered

  • What is the appropriate evidentiary requirement for granting bail on the ground of urgent medical necessity?

Subjects

  • bail
  • criminal procedure
  • medical emergency
  • evidence
  • urgent relief

Judgment

WAKLE
MANOJ                 MANOJ                                              M1-BA-1074-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.09.16
16:08:13 +0530                  CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL BAIL APPLICATION NO.1074 OF 2026
                      Amirullah Hidayatullah Khan                        …Applicant
                              V/s.
                      The State of Maharashtra                           …Respondent


                      Mr. Hamidullah Khan, for the Applicant.


                                               CORAM: SHYAM C. CHANDAK, J.
                                               DATED : 16th SEPTEMBER, 2026
                      P.C. :-

                      1.      Perused the praecipe dated 19th September, 2026. Heard.

                      2.      Learned Counsel for the Applicant submitted that there is
                      urgency in the matter, as the Applicant requires heart surgery.
                      However, no medical document is enclosed nor any other document
                      is pointed out. Hence, the praecipe is rejected.



                                                     (SHYAM C. CHANDAK, J.)




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