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Bombay High Court

MOHAMMAD SALIM IQBAL QURESHI @ SALIM FRUITversusNATIONAL INVESTIGATION AGENCY AND ANR

Decided
Disposal
Allowed To be withdrawn

Holding

The court allowed the withdrawal of the interim bail application and permitted the applicant to file a fresh temporary bail application before the Special Court, to be decided independently of the pending appeal.

Summary

The applicant, Mohammad Salim Iqbal Qureshi, filed an interim bail application in a pending criminal appeal to attend his children's wedding. The Special Court had earlier rejected his bail on merits, and the appeal (Criminal Appeal No. 683 of 2026) is pending before the High Court. The applicant's senior counsel sought permission to withdraw the interim application and re‑file a fresh bail petition before the Special Court, arguing it is a separate cause of action. The High Court found merit in this submission, allowing the withdrawal and granting liberty to file a new temporary bail application, directing that it be decided expeditiously given the wedding date of 09‑11‑2026, and that the pending appeal should not influence the bail decision. The interim application was consequently disposed of.

Issues considered

  • Whether an interim bail application can be withdrawn and a fresh bail petition filed before the Special Court during a pending criminal appeal.
  • Whether the pendency of Criminal Appeal No. 683 of 2026 should affect the consideration of a temporary bail application.

Subjects

  • interim bail
  • temporary release
  • criminal appeal
  • special court
  • withdrawal of application
  • wedding ceremony
  • pending appeal

Judgment

                      Gokhale                              1 of 3                3-ia-3469-26


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 3469 OF 2026
                                                    IN
                                     CRIMINAL APPEAL NO. 683 OF 2026

                     Mohammad Salim Iqbal Qureshi @
                     Salim Fruit                                           ..Applicant
                          Versus
                     National Investigation Agency & Anr.                  ..Respondents

                                                 __________
                     Mr. Rajiv Patil, Sr. Advocate a/w. Sameer Singh, Ojas Kochrekar,
                     Dakshata Sawant, Nikita Chavan, Siddhant Raul and Sanghpriya
                     Sarode i/b. Saurabh Ghag for Applicant.

                     Mr. Sagar Bhandare, SPP a/w. Chintan Shah, SPP a/w. Rohan
                     Chaughule for Respondent No.1-NIA.

                     Smt. M. M. Deshmukh, APP for State/Respondent No.2.
                                             __________

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

                                         DATE    : 8 OCTOBER 2026
                     PC :

                     1.           This is an application in pending Appeal. The prayers in

                     this application are for the interim bail to enable the Applicant to

                     attend the wedding ceremony of his son and daughter. The

                     Applicant had preferred an application for bail on merits before

                     the Special Court. That application was rejected and he has
        Digitally
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2026.10.09
        11:00:32
        +0530
                                      2 of 3                  3-ia-3469-26


preferred Criminal Appeal No.683 of 2026 which is pending before

this Court. That Appeal is strictly on the merits of the matter.


2.         Learned Senior counsel, on instructions, states that,

though the Applicant has preferred the present interim application

for the interim bail, he may be permitted to withdraw this

application and he be further permitted to prefer similar bail

application for his temporary release before the Special Judge,

because it is a separate cause of action for which separate order

can be independently passed by the learned Special Judge. He

seeks permission to withdraw this application with such liberty.


3.         We find substance in the submission of learned senior

counsel.


4.         Hence, the following order:


                                        ORDER


              i)   The Application is allowed to be withdrawn.

              ii) The Applicant is at liberty to prefer an application
                   for temporary bail before the Special Court which
                   is the trial Court, who can consider the fact of the
                                   3 of 3                  3-ia-3469-26


              marriage of the Applicant’s son and daughter.

           iii) If such application is preferred by the Applicant,
              it shall be decided as expeditiously as possible,
              keeping in view of the fact that the wedding
              ceremony is to take place on 09.11.2026.

           iv) The said application shall be considered only for
              temporary release of the Applicant in accordance
              with law, without being influenced by the
              pendency of Criminal Appeal No.683 of 2026
              before this Court.

           v) The Application is disposed of.



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

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