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Bombay High Court

MOHAMMAD ALI ABDUL AJIJ SHAIKHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that the applicant is entitled to bail on medical grounds for a period of six weeks.

Summary

The applicant, Mohammad Ali Abdul Ajij Shaikh, sought bail on medical grounds after being released on interim bail and subsequently surrendering on 18 June 2026. The applicant's counsel argued that the medical condition which justified the earlier interim bail still persisted and that the applicant had not misused the liberty granted. The court noted that the earlier bail application had been withdrawn but a fresh application was permissible after six months. Considering the continued medical necessity and the absence of any misuse, the court directed that the applicant be released on bail for six weeks from the date of his release, subject to the conditions previously imposed. The matter was stood over to 3 August 2026 for further compliance.

Issues considered

  • Whether the applicant is entitled to bail on medical grounds after surrendering to the jail authorities
  • Whether the prior withdrawal of a bail application bars the filing of a fresh bail application after six months

Subjects

  • bail
  • medical grounds
  • interim bail
  • surrender
  • criminal procedure

Judgment

       Digitally
       signed by
       PREETI
PREETI HEERO
HEERO JAYANI      H.C. SHIV                                                           29.ba1528.26.doc
JAYANI Date:
       2026.06.23
       15:21:08
       +0300

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                      BAIL APPLICATION NO.1528 OF 2026
                                                   WITH
                                    INTERIM APPLICATION NO.1741 OF 2026


                    Mohammad Ali Abdul Ajij Shaikh             …. Applicant
                          Vs.
                    State of Maharashtra                       …. Respondent


                    Mr. Taraq Sayed with Anish Pereira with Ashwini Achari for the Applicant.
                    Mr. S. S. Ghag, APP for the Respondent-State.


                                                   CORAM : SHYAM C. CHANDAK, J.
                                                   DATED : 22nd JUNE, 2026

                    P.C. :-

                    .           At the outset, Mr.Sayed, learned Counsel for the Applicant does
                    not press Interim Application No.1741 of 2026.            Therefore, Interim
                    Application No.1741 of 2026 stands disposed of as withdrawn.


                    2)          Heard Mr.Sayed, learned Counsel for the Applicant and
                    Mr.Ghag, learned APP for the Respondent-State.


                    3)          By the Order dated 17th April 2026, the Applicant was released
                    on the interim bail for a period of four weeks. Thereafter, by the Order
                    dated 8th June 2026 passed in Interim Application No.1741 of 2026, the
                    interim bail was extended upto 18th June 2026. On expiry of the interim bail,
                    the Applicant surrendered before the Jail Authorities, Kalyan on 18 th June
                    2026.


                    4)          Mr.Sayed, learned Counsel submits that the medical condition

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H.C. SHIV                                                           29.ba1528.26.doc


due to which the Applicant was released on the interim bail, still exists and
the Applicant is required to undergo necessary medical treatment for the
same. The Applicant has not misused the liberty granted to him by way of
the interim bail.


5)           The earlier Bail Application of the Applicant was withdrawn
because this Court was not inclined to release him on bail, however, the
Applicant was allowed to file fresh Application after expiry of six months.


6)           In view thereof, the Applicant is directed to be released on bail
on medical ground for a period of six weeks from the date of his release
from jail on the conditions stated in the order dated 17 th April 2026.


7)           Stand over to 3rd August, 2026.




                                            (SHYAM C. CHANDAK, J.)




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