SAMEER ABDULKALAM SHEKHDAREversusTHE STATE OF MAHARASHTRA

                                                                             15. BA 3472-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         BAIL APPLICATION NO. 3472 OF 2026

                      Sameer Abdulkalam Shekhdare                        .Applicant

                                   Vs.

                      The State of Maharashtra                           .Respondent
         Digitally
         signed by
         ANAND
ANAND    SUDHAKAR     Mr. A. Majid H. Banderkar, Advocate, for the Applicant
SUDHAKAR SUDAME
SUDAME   Date:
         2026.09.17
                      Ms. Sangita Phad, APP, for the Respondent – State
         12:05:54
         +0530

                                          CORAM : MILIND N. JADHAV, J.

                                          DATE     : 16.09.2026
                      P. C.

                      1.      Heard Mr. Banderkar, learned Counsel for the Applicant and Ms.

                      Phad, learned APP for the Respondent – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 73 of 2024 registered with Goregaon Police Station for

                      offences punishable under Sections 8(c), 20(b)(ii)(c) & 29 of the

                      Narcotic Drugs and Psychotropic Substances Act, 1985 (for short

                      “NDPS”).

                      3.      The Applicant is arraigned as Accused No. 1 in the present crime.

                      He along with his co-accused were intercepted riding a motor cycle and

                      apprehended with 1 Kg & 37 Grams of contraband Charas. He was


                      Anand                              1 of 5
                                                       15. BA 3472-2026.doc

arrested on 18.05.2024. The co-accused has already been enlarged on

bail by this Court on 10.06.2026. A copy of which is appended at page

No. 199 (Exh.F). The Applicant is in incarceration for the past more

than two years and three months. What is observed in the order of the

learned trial Court while rejecting the bail of the Applicant is that

despite the charge having been framed on 31.01.2026 and the matter

having been listed thereafter on five different occasions, the trial has

been delayed. Though it is attributed to the Accused not stepping into

the box and delaying the trial, the Accused in fact happens to be in

incarceration and in jail and is required to be produced before the

prosecution, if at all the trial has to progress.

4.      Learned Advocate has also persuaded me to consider the

violation of the provisions of Section 52A of the NDPS Act which

provides for the procedure for inventories having been violated in the

present case. The Applicant has no antecedents and in that view of the

matter, the benefit of conditions under Section 37 of the NDPS Act

would have to be considered, as the Applicant is not likely to re-offend

himself and the prolonged custody of the Applicant without the trial

having been progressed persuade the Court to allow the Application of

the Applicant for grant of bail on the ground of long incarceration.

5.      Hence, in view of above prima facie observations and finding,


Anand                               2 of 5
                                                       15. BA 3472-2026.doc

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

         (i)   Applicant – Sameer Abdulkalam Shekhdare is directed

               to be immediately released from prison in connection

               with CR. No. 73 of 2024;


         (ii) The Applicant is directed to be released on bail on

               furnishing P. R. Bond of Rs. 50,000/- (Rs. Fifty

               Thousand only) with one or two sureties in the like

               amount;


         (iii) The Applicant shall report to the Investigating Officer at

               Goregaon Police Station, twice every month, on the first

               Monday and third Friday of the month between 10:00

               a.m. to 12:00 p.m. until commencement of trial and

               thereafter shall attend all dates of hearing before the

               Trial Court;


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

               trial and remain present before the Trial Court on all

               dates, unless specifically exempted. The Applicant shall

               not seek unnecessary adjournments. Any such conduct

               shall entitle the prosecution to apply for cancellation of


Anand                             3 of 5
                                                     15. BA 3472-2026.doc

            bail;


        (v) The Applicant shall not leave the State of Maharashtra

            without the prior permission of the Trial Court and he

            shall deposit his passport with the Trial Court on his

            release;


        (vi) The Applicant shall not influence any of the witnesses

            or tamper with the evidence in any manner;


        (vii) The Applicant shall keep the Investigating Officer

            informed of his current residential address and mobile

            telephone number and shall forthwith inform the

            Investigating Officer of any change in his residential

            address or mobile telephone number, as and when such

            change occurs;


        (viii) The Applicant shall not enter the jurisdiction of the

            Goregaon Police Station, till the beginning of the trial

            and the village where the victim is staying except for

            recording his attendance as directed;


        (ix) Any breach or infraction of any of the aforesaid

            conditions shall entail cancellation of the bail granted to

            the Applicant.

Anand                          4 of 5
                                                          15. BA 3472-2026.doc

6.      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.


7.      The Bail Application No. 3472 of 2026 is allowed and disposed

of in the above terms.



                                                  (MILIND N. JADHAV, J.)




Anand                               5 of 5