Bombay High Court
PESHKAR KHALIL KHANversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court partially allowed the application, modifying the bail condition to remove the reporting requirement to DCB CID.
Summary
The applicant, an 81‑year‑old accused, filed an interim application seeking relaxation of a bail condition that required him to report monthly to the DCB, CID, Unit‑IX, Mumbai. He argued that his advanced age and medical problems made the reporting difficult, though he had not misused bail and was attending trial dates regularly. The court examined the record and the counsel’s submissions, finding no obstacle to modifying the condition. Accordingly, the court altered clause (b) of the bail order, removing the reporting requirement while retaining the obligation to attend trial dates. The application was therefore partly allowed.
Issues considered
- Whether the bail condition mandating monthly reporting to DCB CID, Unit‑IX, Mumbai can be relaxed on the ground of the applicant's age and health.
Subjects
- bail
- interim application
- modification of bail condition
- elderly accused
- health grounds
- DCB CID
Judgment
HEMANT
CHANDERSEN H.C.SHIV 20.BA2113.26.DOC
SHIV
Digitally signed by
HEMANT IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CHANDERSEN SHIV
Date: 2026.09.02 CRIMINAL APPELLATE JURISDICTION
14:44:39 +0300
INTERIM APPLICATION NO.2113 OF 2026
IN
BAIL APPLICATION NO.3491 OF 2022
Peshkar Khalil Khan …. Applicant
V/s.
The State of Maharashtra …Respondent
Ms. Sana R. Khan with Mr. Jinay Jain i/b SRK Legal for the
Applicant.
Ms. S. K. Gajare, APP for the Respondent – State.
CORAM: SHYAM C. CHANDAK, J.
DATED : 31st AUGUST, 2026
P.C. :-
1. Heard learned Counsel for the parties. Perused the record.
2. Present Application seeks relaxation of the condition
requiring the Applicant to attend DCB, CID, Unit-IX, Mumbai, as
stated in clause (b) of the Order dated 7th August 2025, passed in
Bail Application No. 3491 of 2022. The said clause (b) reads thus:
"(b) The applicants shall report to the office of DCB CID,
Unit IX, Mumbai on first Monday of each month between
10:00 a.m. and 12:00 noon. The applicants shall attend the
trial Court on each and every date, unless and until
exempted by the trial Court, for reasons to be recorded in
writing”.
3. Ms.Khan, learned Counsel for the Applicant submits that,
the Applicant is aged 81 years. He is finding it difficult to attend
the office of DCB CID, Unit IX, Mumbai as per said clause (b) due
to old age related medical issues. Till date, the Applicant has not
Page 1 of 2
H.C.SHIV 20.BA2113.26.DOC
misused the liberty of bail and he is regularly attending the trial
Court. Ms.Khan, learned Counsel submits that the Applicant will
co-operate the trial Court throughout the trial.
4. In view thereof, there is no hurdle to relax the said condition
of clause (b) in the said Order dated 7 th August 2024, to the extent
of attending the office of DCB CID, Unit IX, Mumbai and to
modify the said clause (b) accordingly. Hence, the clause (b) is
modified as under :-
"(b) The Applicant shall attend the trial Court on each and
every date, unless and until exempted by the trial Court, for
reasons to be recorded in writing”.
5. Application is partly allowed in aforesaid terms.
(SHYAM C. CHANDAK, J.)
Page 2 of 2
Checking your session…