Bombay High Court
MOHAMMAD FAHIM SALIM SHAIKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Dismissed
- Bench
- R M JOSHI
Holding
The court held that medical bail cannot be extended when the medical condition that justified its grant no longer exists, and dismissed the application for extension.
Summary
Mohammad Fahim Salim Shaikh, who was granted medical bail on 12 November 2025 after undergoing bypass surgery, sought a further two‑month extension of that bail. The applicant submitted a cardiology report indicating fitness and claimed he needed additional medical tests, while the State opposed the extension, noting the applicant was medically fit and that the NDPS Act imposes strict bail conditions. The court observed that the original medical bail was granted solely on the basis of a serious health condition, which no longer existed, and that no new medical exigency was shown. Consequently, the court found no basis to extend the bail and dismissed the interim application. The order therefore refused any further extension of medical bail.
Issues considered
- Whether the medical bail granted to the accused can be further extended in the absence of a continuing medical exigency.
- Whether the stringent bail provisions under the Narcotic Drugs and Psychotropic Substances Act preclude extension of bail where the accused is medically fit.
Legislation cited
Subjects
- medical bail
- NDPS Act
- bail extension
- cardiology fitness
- interim application
- criminal procedure
Judgment
77_IA_1091_2026.DOC
Prasad
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1091 OF 2026
IN
CRIMINAL BAIL APPLICATION NO.. 3199 OF 2025
Mohammad Fahim Salim Shaikh ...Applicant
Versus
The State Of Maharashtra ...Respondent
Mr. Sherali Khan, for the Applicant.
Mr. Hitendra J. Dedhia, APP for the Respondent-State.
CORAM: R. M. JOSHI, J.
DATED: 08th MAY, 2026.
PC:-
1. Mentioned out of turn.
2. Applicant is seeking continuation of medical bail granted by
order dated 12th November, 2025. Heard counsel for applicant and
Learned APP. Perused reports and medical papers placed on
record.
3. On the previous date of hearing, after hearing learned
counsel for the Applicant a report was called from Nair Hospital
with regard to status of health and fitness of the Applicant to be
sent to jail or otherwise. The report is received from Assistant
Professor, Department of Cardiology indicating that the applicant is
fit Cardiologically.
Page 1 of 3
08th May, 2026.
77_IA_1091_2026.DOC
4. Learned counsel for the Applicant submits that
irrespective of the said report the Applicant is required to undergo
certain tests in the hospital. He, on instructions, makes a statement
that the Applicant would surrender himself to the Jail Authorities
within a period of three weeks from today.
5. Learned APP opposes extension of medical bail on the
ground that the Applicant is fit from cardiology point of view as
per the report of the doctor. Insofar as the follow-up to be taken of
Nair Hospital is concerned, he, on instructions, makes a statement
that the Applicant would be taken to the Nair Hospital for follow-
up as per medical requirements and instructions of medical officer
of Hospital.
6. It is matter of records that an order came to be passed on
12th November, 2025 by this Court granting temporary medical
bail to the applicant in Bail Application No. 3199 of 2025. The bail
was sought to be extended for two months on the ground that the
applicant underwent Bypass Surgery on 08th January, 2026 and
was required bed rest to recover. An application being Interim
Application No. 362 of 2026 was moved seeking extension of the
said medical bail for the period of two months. This Court
extended the said bail for a period of two months and directed
applicant to surrender to the Mumbai Central Jail, without fail.
7. Present application is for further extension of bail for further
period of two months. The report submitted by medical officer of
Nair Hospital does indicate that the applicant is fit from
Cardiology point. The statement recorded of medical officer
indicates that on 13th April, 2026, applicant was discharged from
Page 2 of 3
08th May, 2026.
77_IA_1091_2026.DOC
hospital and was advised four weeks rest. He however, did not go
to the hospital thereafter. Moreover there is nothing on record to
show that applicant requires hospitalization or any special medical
care.
8. It is pertinent to note that after considering the medical
condition bail was granted on 12th November, 2025 and thereafter
it was extended for a period of two months. Since the reason and
purpose for which bail is granted does not exist, question of
extension thereof does not arise. It is necessary to note that
applicant is charged after offence under NDPS Act, which provides
for stringent conditions for grant of bail. In such circumstances
unless case is made out that applicant cannot be sent back to jail,
such order of medical bail, which is not on merit, cannot be
extended.
9. The statement made by learned prosecutor would take care
of the requirement of the applicant to be taken to hospital as and
when necessary. The medical bail cannot be permitted to be
extended except for medical exigency. Hence, this Court finds no
substance in the application.
10. Hence, no order of extension of bail is called for.
11. Interim Application stands dismissed.
(R. M. JOSHI, J.)
{
Page 3 of 3
08th May, 2026.
Checking your session…