Bombay High Court

SHAIKH TANVEER MOHAMMED SHAFIversusUNION OF INDIA AND ANR

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The court held that the applicant is entitled to medical bail for four months subject to the stipulated conditions.

Summary

Shaikh Tanveer Mohammed Shafi, accused in C.R. No.8 of 2024 under the NDPS Act, applied for medical bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, citing ischemic heart disease requiring angioplasty. The court examined medical reports from J.J. Group Hospital and noted the Union of India’s absence despite service. Relying on the medical evidence and the applicant’s need for treatment, the court granted medical bail for a period of four months, imposing a cash bail of Rs.50,000 and several conditions including sureties, monthly reporting to the investigating officer, and restrictions on travel and witness tampering. The order expressly limited its observations to bail and did not address the merits of the underlying narcotics charges. The bail application was allowed and the matter disposed.

Issues considered

Whether the applicant is entitled to medical bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given his serious cardiac condition.
Whether the absence of the Union of India, the principal respondent, precludes the grant of bail.
Whether the conditions imposed, including cash bail and reporting requirements, are appropriate and lawful.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 28, 29, 8(c)

Subjects

medical bail
NDPS Act
heart disease
Section 483
Bharatiya Nagarik Suraksha Sanhita
cash bail
surety
court conditions

Judgment

29.BA.292.2026.doc

HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.292 OF 2026

Shaikh Tanveer Mohammed Shafi .. Applicant
Versus
Union Of India And Anr. .. Respondents
....................
 Mr. Anish Pereira a/w. Mr. Aryan K. Kotwal, Mr. Taraq Sayed and
Ms. Ashwini Acharii, Advocates for Applicant.
 None for Respondent No.1.
 Mr. Amit A. Palkar, APP for Respondent No.2 – State.
...................

CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 01, 2026
P.C.:

1. Heard Mr. Pereira, learned Advocate for Applicant and Mr.

Palkar, learned APP for Respondent No.2 - State.

2. This is an Application under Section 483 of Bharatiya

Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

No.8 of 2024 registered with Narcotics Control Bureau, Mumbai Zonal

Unit, Mumbai for offences punishable under Sections 8(c) read with

Section 21(c), 22(c), 28 and 29 of the Narcotics Drugs and

Psychotropic Substance Act, 1985.

3. On 27.08.2026, the following order was passed:-

“1. Heard Mr. Pereira, learned Advocate for Applicant and Mr.
Palkar, learned APP for Respondent No.2 - State.
2. Papers which are submitted before the Court for grant of
medical bail which prima facie relates to admission and discharge from
JJ Group of Hospital which has recommended that Applicant is

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suffering from ischemic heart disease as also three to four other issues
which are stated in the diagnosis given by Dr. Anant R. Mundhe, Unit
Head of Department of Cardiology Sir J.J.Group of Hospital.
3. Mr. Pereira informs the Court that Applicant is desirous of
seeking medical treatment namely angioplasty / angiography or any
other related treatment to combat his heart ailments which are
certified in the discharge summary report alluded to hereinabove.
4. I have perused the papers which are appended to the
praecipe. To the extent of grant of medical bail for enabling the
Applicant to undergo medical treatment, I am inclined to allow the
Applicant medical bail as a prima facie case is made out.
5. However, when the matter is called out as usual Union of
India is unrepresented and not present. I give one final opportunity to
Union of India to remain present. The State of Maharashtra is present
but informs the Court that it is the Union of India who is the principal
contesting Respondent.
6. A copy of this order shall be served on Union of India and
appropriate affidavit-of-service of having been served by any
permissible mode of service be shown to the Court on the next
adjourned date. Subject to serving the Union of India, this Court will
pass appropriate order to grant medical bail as requested by the
Applicant on the next adjourned date.
7. The Jail Hospital shall confirm the aforesaid Medical report
and accordingly apprise the Court through the learned APP about the
Medical status of the Applicant in jail.
8. Stand over to 01st September, 2026. To be placed under
the caption ‘First on Board’ for medical bail.”

4. Carrying further and to what is stated in the aforesaid order,

matter is listed today. Union of India as usual despite having been

served are not present in Court. In so far as the State is concerned,

specific directions were given to the State with regard to Jail Hospital

to confirm the medical report and apprise the Court accordingly.

5. Mr. Palkar persuades the Court to consider the request for

seeking medical bail and in that view of the matter Applicant having

been admitted and discharged from medical hospital and

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recommendations given by the said Hospital for the immediate medical

treatment namely angioplasty / angiography to combat Applicant’s

heart ailment. He would persuade the Court he is in possession of

medical report of Applicant of the month of April which is already

placed on record and pass appropriate order.

6. The aforesaid order dated 27.08.2026 is prima facie

conclusive in so far as the medical issue of Applicant is concerned. The

directions in paragraph Nos.6 and 7 though stands complied with

Union of India is not present before the Court.

7. In view of medical papers with regard to admission and

discharge of Applicant which has been placed before me on the basis of

which the aforesaid order was passed, I have no reason to disbelieve

the same. The said papers are corroborated by learned APP, who has

placed the prisoner’s medical report dated 08.04.2026 before this

Court earlier and even relies upon it today as per his instructions.

Having gone through said report and the medical treatment required

by Applicant, I am inclined to grant medical bail to the Applicant for

the limited period of four months from today. Needless to state that

Applicant shall get himself examined by his Doctors or at J.J.Group of

Hospital forthwith within a period of two weeks from the date of his

release and intimate his condition and the treatment he shall be

undertaking to the concerned Investigating Officer. Investigating

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Officer shall keep the same on record and is directed to call on the

Applicant every month thereafter at his place of residence and register

his status. The present order for grant of medical bail is for four

months only during which the heart treatment shall be undertaken by

Applicant in the aforesaid period and Applicant shall thereafter

surrender after four months to the Jail Authorities.

8. Considering the aforesaid, Applicant has made out case for

grant of medical bail subject to following conditions:-

(i) Applicant is directed to be immediately released

from prison for a period of four months in

connection with Crime No. 8 of 2024;

(ii) Applicant, is ordered to be released on bail on

cash bail of Rs.50,000/- (Rs. Fifty Thousand only)

and shall furnish one or two sureties of the like

amount within a period of four weeks from today;

(iii) Applicant shall report to the Investigating Officer

at the concerned Police Station, once every month

on the first Monday of the month between 10:00

a.m. to 12:00 p.m.;

(iv) Applicant shall co-operate with the conduct of

trial and attend the Trial Court on all dates,

unless specifically exempted and will not take any

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unnecessary adjournments, if he does so it will

entitle the prosecution to apply for revocation of

this order;

(v) Applicant shall not leave the State of Maharashtra

without prior permission of the Trial Court;

(vi) Applicant shall not influence any of the witnesses

or tamper with the evidence in any manner;

(vii) Applicant shall keep the Investigating Officer

informed of his current address and mobile

contact number and / or change of residence or

mobile details, if any, from time to time, as

applicable; and

(viii)Any infraction of the conditions shall entail

cancellation of bail granted to the Applicant.

9. It is clarified that the observations made in this order are

limited for the purpose of granting Bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.

10. Needless to state that leave and liberty is granted to

Applicant to file fresh Application on merits in future.

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11. Bail Application is allowed and disposed of in the above

terms.

H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.09.01
15:19:51 +0530

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