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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Allowed To be withdrawn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 Both interim applications were consequently disposed of as withdrawn.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

                                                                                                              1/2
     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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