Bombay High Court

MOHAMMAD NAWAB MOHAMMAD AKTHAR SHAHversusSTATE OF MAHARASHTRA

Decided: 25 August 2026
Disposal: Allowed

Holding

The court held that the applicant’s serious medical condition justified granting bail on medical grounds despite the NDPS charges, subject to strict conditions.

Summary

The Bombay High Court considered an application for bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 438 of the Criminal Procedure Code, 1973 by Mohammad Nawab Mohammad Akhtar Shah, who was charged under Sections 8(c), 21(c) and 29 of the NDPS Act for possession of 58 grams of mephedrone. The applicant, aged 35, suffers from a severe right‑knee fracture and associated ligament injuries, documented in medical reports dated 31‑03‑2025 and 14‑07‑2026, and is currently receiving treatment in the prison hospital. The prosecution did not provide evidence that the applicant had been taken to Sassoon General Hospital for further care. The court, noting the applicant’s serious medical condition, lack of criminal antecedents, and the incomplete medical follow‑up, decided that the circumstances warranted the grant of medical bail. Bail was granted subject to a cash bond, sureties, and a series of detailed medical and reporting conditions, including mandatory surgery within two months and monthly monitoring by the investigating officer. The order expressly limited its observations to the bail issue and did not address the merits of the NDPS charges.

Issues considered

Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita and Section 438 of the CrPC in a case involving NDPS offences.
Whether the applicant’s documented medical condition justifies the grant of medical bail.
Whether the conditions imposed by the court are appropriate and sufficient to safeguard the trial process.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Code of Criminal Procedure, 1973 — s. 438
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 29, 8(c)

Subjects

bail
medical bail
NDPS Act
Section 438 CrPC
Section 483 BNS Act
prison health
right knee fracture
conditions of bail

Judgment

16.BA.680.2026.doc

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

BAIL APPLICATION NO.680 OF 2026

Mohammad Nawab Mohammad Akhtar Shah .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
 Mr. Ali Kashif Khan Deshmukh a/w. Ms. Snigdha Khandelwal, Mr.
M. Farid Shaikh, Mr. Jafar Khan, Mr. Tauqeer Alam and Mr. Abrar
Burondkar, Advocates for Applicant.
 Ms. Shilpa G. Talhar, APP for Respondent.
...................

CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 25, 2026
P.C.:

1. Heard Mr. Khan Deshmukh, learned Advocate for Applicant

and Ms. Talhar, learned APP for Respondent.

2. This is an Application under Section 483 of Bharatiya

Nagarik Suraksha Sanhita, 2023 / Section 438 of the Criminal

Procedure Code, 1973 seeking Bail in connection with C.R. No.339 of

2025 registered with Hadapsar Police Station for offences punishable

under Sections 8(c), 21(c) and 29 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

3. The present Application is filed on 13.02.2026. Series of

orders have been passed. Though the Application initially was seeking

bail on merits but what is prima facie observed and which is delineated

by various orders passed by this Court as also the medical reports

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called by this Court and having been placed on record show that the

Applicant who is 35 years old is in a pitiable medical condition in view

of his right knee being fractured for the past more than one and a half

years. Though he has been referred to treatment at various intervals,

the recent medical report dated 14.07.2026 highlights the condition of

the Applicant who is recuperating in the Jail Hospital

4. Though Ms. Talhar would persuade me to consider the

observations made in the said medical Report that at present the

condition of the prisoner is stable and he is under treatment in the

Yerwada Prison Hospital, Pune, in the facts and circumstances of the

present case, I am unable to accept the said submission and rather

comprehend the same since it is a standard statement stated in teh

Report submitted before Court without proper application of mind.

5. The very report dated 14.07.2026 itself states that the

orthopedic specialist had advised the Applicant to use long knee

braces, for limb elevation, and has noted that Applicant may need

operative intervention in future if pain doesn’t subside. Though the

previous medical report of 31.03.2025 states that the Applicant is

having linear mildly displaced fracture at posterior margin of the

lateral plateau and undisplaced lateral tibial plateau with ACL tear and

MCL tear of right knee, the Applicant was supposed to be referred to

Sassoon General Hospital on 16.07.2026.

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6. What has happened thereafter is not placed before the Court

by the prosecution. Whether he was taken to Sassoon Hospital or

otherwise is not informed to the Court. From the details which are

placed before the Court, prima facie one thing is very clear, that the

Applicant is in a bad shape, unable to walk due to his right knee being

completely torn and having a fracture therein and he has been

managing this condition from February 2025 onwards pursuant to his

accident in January 2025.

7. Applicant has no criminal antecedents. He is one of the two

Accused persons who have been arrested in an NDPS offense, having

been found with 58 grams of Mephedrone, the contraband. There are

various grounds which are otherwise also taken in the Application but

in so far as the Applicant's medical condition is concerned, this Court

rather, the previous Bench of this Court dealing with the present roster

has already taken cognizance of the Applicant's injury and had called

for an appropriate report.

8. The report dated 14.07.2026 which has been referred to and

alluded to hereinabove, has been duly taken cognizance thereof by this

Court thereafter while passing order dated 14.07.2026. To the said

report appended are the photocopies of the medical treatment papers

of Sassoon General Hospital, Pune which the Applicant had

undertaken from 31.03.2025 onwards. Though this Court is not an

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expert in medical terminologies, but prima facie perusal of the said

papers of Sassoon General Hospital show that the Applicant's right

knee requires immediate treatment, since the applicant has carried on

with the abberation and fracture for the past more than one year while

been inside prison and now is admitted to the prison hospital.

9. In that view of the matter, I am inclined to release the

Applicant on medical bail on the case made out by Mr. Khan

Deshmukh on the basis of the documentary material placed before the

Court.

10. Considering the aforesaid, Applicant is granted bail subject

to following conditions:-

(i) Applicant be released on bail, on furnishing a P.R.

Bond of Rs.25,000/- and one or more sureties in the

like amount;

(ii) Applicant is released on medical bail. He shall get

himself examined and checked in Sassoon General

Hospital within one month from the date of his release

after taking appropriate appointment with regard to his

injury, surgery, treatment and rehabilitation. Applicant

is directed to ensure that he undertakes corrective

surgery on his right knee thereafter within 2 months of

Doctor's advice. The Investigating Officer shall call

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upon the Applicant every month to confirm his medical

status and make a report of the same in his file. The

Investigating Officer shall after three months consider

the status of Applicant's surgery / operation /

rehabilitation and make a report of the same and keep

it in his record. If after three months, Applicant is in a

position to lead a normal life and effectively mobile ,

the Investigating Officer shall make an appropriate

report to the Court for seeking surrender / custody of

the Applicant. If the Applicant requires more time for

his rehabilitation, the Investigating Officer shall monitor

the situation every month by calling upon the Applicant

and depending upon the Applicant's medical status and

mobility, make an appropriate Application to this Court

for seeking his custody / surrender thereafter;

(iii) Considering the Applicant's medical status and ailment,

he is exempted from visiting the Police Station for the

first three months until his operation / surgery /

corrective surgery on his right knee is completed but the

Investigating Officer is granted liberty to call upon the

Applicant once every month to ascertain his medical

status;

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(iv) Applicant shall not leave the country without prior

permission of the Court;

(v) Applicant shall not influence any of the witnesses or

tamper with the evidence in any manner;

(vi) 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;

(vii) Applicant shall surrender his passport with the

Investigating Officer of the concerned police station;

(viii) Applicant shall not indulge in any activity similar to

the activities on the basis of which the Applicant stands

prosecuted;

(ix) Applicant shall not try to establish communication with

any co-accused or any other person involved directly or

indirectly in similar activities, through any mode of

communication;

(x) Any infraction of the conditions shall entail cancellation

of bail granted to the Applicant;

(xi) Liberty to prosecution to apply.

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

limited for the purpose of granting medical bail only and I have not

made any observations on merits of the case. In the meanwhile, 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. Applicant can seek

exemption from attending the Trial Court on the basis of his medical

condition subject to his Advocate appearing on all dates before Trial

Court.

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

terms.

H. H. SAWANT [ MILIND N. JADHAV, J. ]

Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.08.25
21:23:49
+0530

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