Bombay High Court
KAFEEL AHMED MOHD. AYUBversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court modified the bail condition, allowing the applicant to be enlarged on bail without the requirement of solvent sureties, while retaining all other conditions.
Summary
The applicant, Kafeel Ahmed Mod Ayub, a 67‑year‑old senior citizen from Bihar, was granted bail in a criminal appeal but was required to furnish a personal surety bond of Rs.1,00,000 with solvent local sureties. He pleaded inability to comply with this condition due to lack of relatives and difficulty finding sureties, resulting in continued custody for over 15 years despite the bail order. The State opposed any modification, emphasizing the seriousness of the offence. The Division Bench considered the applicant’s prolonged pre‑trial detention and the impracticality of the surety requirement, concluding that the condition could be relaxed without endangering the trial. Consequently, the court modified clause 9(ii) to remove the surety requirement while leaving all other bail conditions intact, and disposed of the interim application.
Issues considered
- Whether the bail condition requiring a personal surety bond with solvent local sureties can be modified on account of the applicant's age and inability to procure sureties.
- Whether the seriousness of the alleged offence precludes relaxation of bail conditions.
- Whether continued custody despite a bail order violates the applicant's right to liberty.
Subjects
- bail
- modification
- personal surety bond
- senior citizen
- NIA Court
- criminal appeal
- high court
- pre‑trial detention
Judgment
Gokhale 1 of 3 5-ia-3335-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3335 OF 2026
IN
CRIMINAL APPEAL NO. 612 OF 2022
Kafeel Ahmed Mod Ayub ..Applicant
Versus
The State of Maharashtra ..Respondent
__________
Mr. Mateen Shaikh a/w. Hassan Siddiqui for Applicant.
Smt. M. M. Deshmukh, APP for State/Respondent.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 29 SEPTEMBER 2026
PC :
1. This is an application filed for modification of the order
dated 04.11.2025 passed in Criminal Appeal No.612 of 2022. Vide
the said order, the Applicant was directed to be enlarged on bail on
certain conditions. The first condition was that, he had to execute
PR bond in the sum of Rs.1,00,000/- with one or more solvent
local sureties in the like amount, to the satisfaction of the learned
Judge, NIA Court. There are in all eight other stringent conditions
imposed on him including reporting to the Investigating agency
and also not leaving the jurisdiction of the trial Court without prior
Digitally
signed by
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2026.09.30
10:41:46
+0530
2 of 3 5-ia-3335-26
permission of the trial Court.
2. Learned counsel for the Applicant submitted that, he is a
67 year old senior citizen. He is originally from Bihar. He has no
relative in Maharashtra. He is facing genuine difficulty in getting
the local solvent sureties and, therefore, though he is granted bail
vide the order dated 04.11.2025, almost for ten months he is
unable to avail of the same.
3. Learned APP opposed modification of this condition on
the ground that the offence is serious.
4. We have considered these submissions. The previous
Division Bench of this Court considered the fact that the offence
was serious and after taking into consideration the relevant
circumstances, bail was granted on stringent conditions. However,
the Applicant is unable to fulfil the first condition itself and,
therefore, he continued to remain in custody in spite of bail order
in his favour. Before passing of that order, he was in custody for
about fourteen and half years and today he is in custody for more
than 15 years. The trial is not likely to get over within a reasonable
3 of 3 5-ia-3335-26
time. In this situation, we are inclined to allow this application. We
make it clear that, all the stringent conditions imposed on him by
the previous order shall continue to operate.
5. Hence, the following order:
ORDER
i) The order dated 04.11.2025 passed in Criminal
Appeal No.612 of 2022 is modified, and clause
9(ii) now shall reads as follows:
“9(ii) The Appellant be enlarged on bail, on
his executing PR Bond in the sum of
Rs.1,00,000/- with one or more solvent
sureties in the like amount, to the
satisfaction of the learned Judge, NIA
Court.”
ii) All the other conditions imposed by the said
order shall remain in operation.
iii) With these directions, the Application is disposed
of.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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