Bombay High Court
MOHAMMAD KHALID MUKHTAR AHMED SHIAKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- NEELA KEDAR GOKHALE
Holding
The court allowed the applicant to enter Bhiwandi taluka and Padgha Police Station jurisdiction for one day to vote, subject to time restrictions.
Summary
The applicant, Mohammad Khalid Mukhtar Ahmed Shaikh, was granted bail on 7 February 2023 with a condition prohibiting him from entering Bhiwandi taluka and the jurisdiction of Padgha Police Station until trial completion, except to attend scheduled court or police matters. He sought permission to enter Bhiwandi taluka on 15 January 2026 to cast his vote in the municipal corporation elections, arguing that he had complied with all bail conditions. The court examined the bail order and noted that the restriction was a condition of liberty, but recognized the applicant's right to vote as a legitimate purpose. Considering the applicant's compliance and the one‑day nature of the request, the court permitted entry into the prohibited area solely for the day of the election. The application was allowed and disposed of with the specified time limits.
Issues considered
- Whether a bail condition prohibiting entry into a specific jurisdiction can be relaxed to allow the accused to exercise his voting right in municipal elections
Subjects
- bail
- bail conditions
- electoral rights
- jurisdiction
- interim relief
- criminal procedure
Judgment
Prasad Rajput
(P.A.) P1_IA_760_2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION (ST) NO.760 OF 2026
IN
INTERIM APPLICATION NO.4849 OF 2026
IN
BAIL APPLICATION NO.2246 OF 2024
Mohammad Khalid Mukhtar Ahmed Shaikh …Applicant
IN THE MATTER BETWEEN:
Mohammad Khalid Mukhtar Ahmed Shaikh …Applicant
Versus
State of Maharashtra …Respondent
Mr. Pandit Kasar, for the Applicant.
Ms. Megha S. Bajoria, APP for the Respondent - State.
CORAM DR. NEELA GOKHALE, J.
DATED: 13TH JANUARY 2026
PC:-
1. Not on Board. Taken on Board. The matter was
mentioned in the morning session seeking production,
accordingly, the matter is taken up for hearing in the
afternoon session.
2. By way of this Application, the Applicant seeks
permission to enter into the territorial jurisdiction of Bhiwandi
Taluka on 15th January, 2026.
Page 1 of 3
th
13 January 2026
Prasad Rajput
(P.A.) P1_IA_760_2026.doc
3. By order dated 7th February, 2023, this Court
enlarged the Applicant on bail by imposing certain conditions
on the Applicant. Condition No.(iii) of the said order prohibits
the Applicant from entering Bhiwandi taluka and the
jurisdiction of the Padgha Police Station until the completion
of the trial in the present case. He was permitted to attend the
Trial Court on scheduled dates of hearing and was also
permitted to attend the Padgha Police Station in Bhiwandi
Taluka, in any case pending against him as an exception to the
said prohibition.
4. Mr. Kasar, learned counsel for the Applicant,
submits that the Applicant was arrested on 25th September,
2020, and till date the charges have not been framed. He on
instructions, submits that the Applicant has complied with
the conditions imposed in the said bail order and has been
attending the Police Station and the Trial Court as per the said
order. He submits that on 15th January, 2026, the elections of
the Bhiwandi Nizampur Municipal Corporation are to be held,
and he is desirous of casting his vote.
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th
13 January 2026
Prasad Rajput
(P.A.) P1_IA_760_2026.doc
5. Considering the averments made in the
Application and the arguments advanced by Mr. Kasar, learned
counsel for the Applicant, the Applicant is permitted to enter
Bhivandi Taluka and jurisdiction of Padgha Police Station only
for one day i.e. 15th January, 2026, from 07:30 a.m. to 05:30
p.m.
6. The Application is allowed in the above terms and
is disposed of.
(DR. NEELA GOKHALE, J)
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13 January 2026
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