Bombay High Court
BILAL GAUS SAYYEDversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court allowed the withdrawal of the interim bail applications and granted liberty to file a fresh bail application after ten years of incarceration, following Supreme Court precedent.
Summary
Bilal Gaus Sayyed filed two interim applications seeking bail. The High Court, after hearing counsel, was not inclined to grant bail at that stage. However, the Court allowed the applicant to withdraw the interim applications and granted him liberty to file a fresh bail application after completing ten years of incarceration, relying on the Supreme Court's principles in Saudan Singh v. State of Uttar Pradesh (2022 SCC OnLine SC 697) and Suleman v. State of Uttar Pradesh (Misc. App. No. 764 of 2022). The liberty was granted to enable the applicant to seek bail under the evolved jurisprudence concerning long‑term imprisonment. Both interim applications were consequently disposed of as withdrawn. The decision underscores the Court's adherence to higher‑court precedents while maintaining discretion over bail matters.
Issues considered
- What is the appropriate discretion of the High Court in granting or refusing bail in a case where the accused has been incarcerated for a prolonged period?
- Whether the applicant may be permitted to withdraw pending interim bail applications and be given liberty to file a fresh bail application after ten years of imprisonment, in line with Supreme Court precedents.
Subjects
- bail
- interim application
- withdrawal
- liberty to reapply
- Supreme Court precedent
- criminal procedure
- long‑term incarceration
Judgment
sns 10-ia-4229-2025+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4229 OF 2025
IN
APPEAL NO.51 OF 2026
Bilal Gaus Sayyed … Applicant
V/s.
State of Maharashtra … Respondent
WITH
INTERIM APPLICATION NO.4230 OF 2025
IN
APPEAL NO.51 OF 2026
Bilal Gaus Sayyed … Applicant
V/s.
State of Maharashtra … Respondent
Mr. Manohar S. Mandavkar for the Applicant.
Smt. Madhavi H. Mhatre, APP, for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 24th March 2026
P.C.:-
1) After hearing the learned Advocate for the Applicant at length,
when this Court was not inclined to grant relief of bail, he on instructions
Digitally signed
by SUMEDH
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2026.03.30
15:08:34 +0530
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sns 10-ia-4229-2025+.doc
seeks leave to withdraw Interim Applications with liberty to file a fresh
Application for bail after the Applicant completes of 10 years of
incarceration, as per the principles enunciated by the Hon’ble Supreme
Court in the case of Saudan Singh Vs. State of Uttar Pradesh, reported in
2022 SCC OnLine SC 697 and Suleman Vs. The State of Uttar Pradesh, in
Miscellaneous Application No. 764 of 2022, dated 15th September 2022.
1.2) Leave and liberty granted.
2) Both Interim Applications are disposed off as withdrawn with
aforesaid liberty.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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