Bombay High Court

SAIF SHAMSHAD KHANversusUNION OF INDIA AND ANR

Decided: 3 September 2026
Disposal: Disposed Off

Holding

The Court granted leave to withdraw the bail applications and disposed of them as withdrawn, without hearing the merits.

Summary

The Bombay High Court considered two bail applications (No. 2039/2025 and No. 2481/2025) filed by Mumtaj Abdul Jabbar Khan and Saif Shamshad Khan respectively, who were alleged to be in possession of a commercial quantity of contraband. The Special Public Prosecutors informed the Court that the trial was expected to conclude within nine months. The applicants, through their counsel, sought permission to withdraw the bail applications with the liberty to re‑file after nine months if the trial remained pending. The Court granted leave to withdraw the applications, clarified that the matters were not heard on merits, and directed the trial court to expedite the trial within the stipulated period. Consequently, both bail applications were disposed of as withdrawn.

Issues considered

Whether the bail applications may be withdrawn with liberty to re‑file after a specified period

Subjects

bail
withdrawal
criminal procedure
trial expedite
High Court

Judgment

P.H. Jayani                                    910 WITH 911.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                    BAIL APPLICATION NO. 2039 of 2025

Mumtaj Abdul Jabbar Khan                            …. Applicant
     Vs.
Union of India and anr.                             …. Respondents

                                 WITH
                    BAIL APPLICATION NO. 2481 of 2025

Saif Shamshad Khan                                  …. Applicant
      Vs.
Union of India and anr.                             …. Respondents


Mr. Mosin Naik i/b. Mr. Satish Muley for the Applicant in
BA/2039/2025.
Ms. Ashwini Achari for the Applicant in BA/2481/2025.
Mr. S.K. Halwasia, Special PP a/w. Ms. S.S. Halwasia for Respondent
No.1 – UoI in BA/2481/2025.
Ms. Supriya Kak, Special PP for Respondent No.1 – UoI in
BA/2039/2025.
Ms. Anagha Deshmukh, APP for the Respondent No.2 – State.

                                  CORAM : SHYAM C. CHANDAK, J.
                                  DATED : 3rd SEPTEMBER, 2026

P.C. :-

1.        Mr. Halwasia and Ms. Kak, learned Special PPs state that the trial

in this crime has commenced and the prosecution will conclude the trial

within nine months from today.

2.        As alleged, there is recovery of the commercial quantity of

contraband from possession of both these Applicants. Therefore, Mr.

Naik and Ms. Achari, the learned Counsel for the respective Applicants,

on instructions, seek leave to withdraw the aforesaid Bail Applications


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           P.H. Jayani                                       910 WITH 911.doc


           with liberty to renew the prayer for bail before this Court after nine

           months, if the trial is not concluded within the said period.

           3.         Leave to withdraw is granted, with aforesaid liberty.

           4.         Both Applications stand disposed of as withdrawn.

           5.         It is made clear that these Applications are not heard on merits.

           6.         The trial Court is requested to expedite the hearing of the case and

           endeavour to dispose of the same within nine months.



                                                             (SHYAM C. CHANDAK, J.)




  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.07
11:13:47 +0530




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