Bombay High Court
RUKAYA BAHADDUR KHANversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court ordered that the pending appeals be listed for hearing on 17 September 2026 and did not dispose the interim bail application.
Summary
The applicant, Rukaya Bahaddur Khan, sought bail after having been incarcerated for 8 years and 10 months, contending that a coordinate bench had earlier granted bail to a co‑accused and that a child witness had been tutored. The State opposed, arguing the present application was distinct and the trial court’s judgment was sound. The court noted that the applicant’s joint appeal had been split into a separate appeal and that the Supreme Court’s guidelines in Saudan Singh v. State of Uttar Pradesh (2023) were not applicable to his period of incarceration. Consequently, the court ordered that the appeal, along with Criminal Appeal No. 82 of 2021, be listed for hearing on 17 September 2026, and the interim bail application was not disposed of at this stage.
Issues considered
- Whether the applicant’s bail application should be entertained in view of the earlier bail granted to a co‑accused and alleged tutored child witness.
- Whether the Supreme Court guidelines in Saudan Singh v. State of Uttar Pradesh (2023) apply to the applicant’s case.
- Whether the pending appeals should be scheduled for hearing.
Subjects
- bail
- interim application
- child witness
- co‑accused
- appeal scheduling
- incarceration period
- Supreme Court guidelines
Judgment
bipin prithiani
1
9-ia-4445.25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4445 OF 2025
IN
CRIMINAL APPEAL NO. 838 OF 2025
Rukaya Bahaddur Khan … Applicant
Versus
The State of Maharashtra … Respondent
WITH
CRIMINAL APPEAL NO. 82 OF 2021
******
Mr. Anush Shetty i/by Dr. Yug Mohit Chaudhry for Applicant/
Appellant.
Dr. Dhanalakshmi Iyer, APP for Respondent-State.
******
CORAM : MANISH PITALE AND
SHREERAM V. SHIRSAT, JJ.
DATE : 24th AUGUST 2026
P.C. :
. Bail Application of convicted co-accused-Rukaya Bahaddur
Khan is listed today for consideration.
2. The learned counsel for the applicant has invited attention
of this Court to an order passed earlier in an application filed on
behalf of this applicant. By an order dated 22 nd February 2021 the
bail application was rejected.
3. But, subsequently, bail application of co-accused person was
BIPIN
Digitally signed by
BIPIN DHARMENDER
allowed by a coordinate Bench of this Court, by order dated 30 th
DHARMENDER PRITHIANI
PRITHIANI Date: 2026.08.25
April 2025. The learned counsel for the applicant submits that the
09:38:54 +0530
bipin prithiani
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9-ia-4445.25.doc
child witness in the present case appears to have been tutored and
observations to that effect have been made in the order dated 30 th
April 2025 passed by the coordinate Bench of this Court, while
granting bail to the co-accused person.
4. The learned APP has vehemently opposed this application
on the ground that the role of the present application is distinct
from the role of the co-accused person and that on a proper
appreciation of the evidence and material on record, it would be
clear that the impugned judgment and order of the trial Court is
clearly sustainable.
5. We notice the fact that the present applicant had earlier filed
a joint appeal with the co-accused person, but subsequently, with
the permission of this Court, a separate appeal was filed. The
appeal initially filed is pending since the year 2021. The paper
book is ready and the appeal itself can be taken up for
consideration.
6. We find that although the applicant has suffered
incarceration for 8 years and 10 months, the guidelines issued by
the Supreme Court in the case of Saudan Singh vs. State of uttar
Pradesh, (2023) 17 SCC 446 would not be applicable, considering
the period of incarceration suffered by the applicant.
7. In that light, we are of the opinion that the appeals of the
two convicted persons can be taken up for consideration, as only 8
witnesses were examined by the prosecution.
bipin prithiani
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9-ia-4445.25.doc
8. In view of the above, list this appeal, along with Criminal
Appeal No. 82 of 2021, for hearing on 17 th September 2026, at
4:00 p.m.
9. Presently, this application is not being disposed of, for the
reason that if for some reason, the appeal is not taken up for
hearing and disposal on the said date of hearing and expeditiously
thereafter, the applicant may be able to pursue this application.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
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