JAKIR @ ZAKIR HUSSAIN SABIR ALI SHAIKHversusSTATE OF MAHARASHTRA

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO.3287 OF 2026
                                  IN
               CRIMINAL APPEAL (STAMP) NO.10501 OF 2026

Jakir @ Zakir Hussain Sabir Ali Shaikh       …..Applicant
            Versus
The State of Maharashtra                     .….Respondent
                               -----
Mr. Mateen Shaikh, Advocate a/w. Muskan Shaikh, Hassan
Siddiqui, Firas Shaikh, Ammar Khan, for the Applicant.
Ms. Gauri Rao, APP for the Respondent-State.
ASI Manedra Chavan a/w. HC Satyawan Lad, ATS kalachowky
are present in Court.
                               -----

                          CORAM : SARANG V. KOTWAL &
                                  RANJITSINHA RAJA BHONSALE, JJ.

                          DATE    : 06th OCTOBER, 2026
P.C. :

1.                  This is an Application for directions to release the

Applicant on bail on medical grounds for a period of three

months in Special Case No.274/2022 pending before the learned

Special Court (UAPA, NIA, MCOCA) at City Civil and Sessions

Court, Mumbai arising out of C.R. No.18/2021 registered with

Anti-Terrorism Squad (ATS) Police Station, Mumbai.


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     Deshmane(PS)
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2.          Heard Mr. Mateen Shaikh, the learned counsel for the

Applicant and Ms. Gauri Rao, the learned APP for the

Respondent-State.


3.          The Applicant has preferred a separate Appeal being

Criminal Appeal (Stamp) No.10501/2026. There is a delay in

preferring that Appeal. An Application for condonation of delay

vide Interim Application No.1698/2026 is preferred by the

Applicant. These proceedings are still pending. During pendency

of those proceedings, the present Application is filed for his

temporary release on bail on medical grounds.


4.          The Applicant was arrested on 18.9.2021. Till today

the charges are not framed. The trial is not likely to start within

a reasonable period. Since the Applicant’s prayer for bail in the

aforesaid Appeal is pending, we are not making any comment on

the merits of the Appeal.


5.          We have considered this Application purely on

humanitarian grounds.       We had called for the medical report

regarding the health status of the Applicant. The Medical Officer

of Taloja Central Prison has tendered a report dated 6.10.2026.

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It is taken on record and marked ‘X’ for identification. The report

mentions that the Applicant has complaint of pain in the lower

back, he is unable to sit, stand and walk.       There is tingling

sensation in the legs with complaints of numbness. The clinical

diagnosis revealed that there was L4-L5 prolapsed intervertebral

disc and there is compression on spinal cord; that is affecting the

functions of lower part of the body i.e. pain, tingling sensation,

numbness and weakness as per severity of compression on spinal

cord. He was admitted at J.J. Hospital between 21.7.2026 to

6.9.2026. He underwent surgery on 17.8.2026 of L4-L5

Transformational Lumbar Interbody Fusion (TILF) under general

anesthesia. The injured disc was removed from the lower spine

and a small cage filled with bone graft material was put into the

empty space and it has been stabilized with metal screws and

rods.


6.          The report further mentions the Applicant’s present

health status. He was referred for Neurosurgery follow up on

1.10.2026. The Neurosurgery Department examined him and

advised admission as indoor patient for further required

investigations and surgical management. The Applicant declined
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to undergo that procedure. At present, the Applicant is admitted

in the prison hospital as indoor patient. He is bed-ridden. He is

not able to stand or walk. One assistant is provided to him for his

daily routine work and cleaning. His vital parameters are within

normal limits.


7.          The learned counsel for the Applicant submitted that

the Applicant is unable to perform his basic daily routine bodily

functions. He is unable to even sit. He is completely bed-ridden.


8.          The situation of the Applicant is undisputed.

Therefore purely on humanitarian ground, we are inclined to

allow this Application.


9.          Hence, the following order:

                          :: O R D E R ::

     i.   The Applicant Jakir @ Zakir Hussain Sabir Ali Shaikh is

          directed to be released on bail for a period of three

          months from his actual release, on his executing a PR

          bond in the sum of Rs.25,000/- (Rupees Twenty Five

          Thousands Only) with one or two sureties in the like

          amount.
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                                     ii.    Before being released, the Applicant shall deposit his

                                            passport, if any, with the investigating agency. He shall

                                            furnish his contact numbers and address where he

                                            would be residing during this period. This information

                                            shall be furnished to the Investigating Officer before

                                            being released .


                                     iii. The Applicant, through his family members, shall

                                            inform the Investigating Officer regarding the medical

                                            treatment which the Applicant would be taking during

                                            this period.

                                     iv.    The Applicant shall permit the investigating agency to

                                            visit the Applicant whenever they feel it is necessary.

                                     v.     Interim Application is disposed of accordingly.



                     (RANJITSINHA RAJA BHONSALE, J.)                       (SARANG V. KOTWAL, J.)



                            Deshmane (PS)




PRADIPKUMAR
PRAKASHRAO
DESHMANE
Digitally signed by
PRADIPKUMAR
PRAKASHRAO DESHMANE
Date: 2026.10.07 18:24:13
+0530




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