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Bombay High Court

RIYAZ VALI MOHAMMED SHAIKHversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court allowed the interim bail, suspending the sentence during the pendency of the appeal, subject to strict conditions.

Summary

The High Court considered an interim bail application filed by Riyas Vali Mohammed Shaikh, who was convicted under Section 120B(1) IPC and Sections 3(1)(I) and 3(2) of the Maharashtra Control of Organized Crime Act for a 2011 shooting incident that resulted in two deaths. He was sentenced to life imprisonment, a fine, and has been in custody for over 15 years while his appeal is pending. The prosecution opposed bail, emphasizing the seriousness of the offence and his role in supplying the firearm. The Court, noting his satisfactory conduct in prison, the lengthy period already served, and applying principles from Saudan Singh v. State of Uttar Pradesh (2022), ordered the suspension of his sentence and granted bail with stringent conditions. The bail order includes a bond, sureties, residence restrictions, regular police reporting, passport surrender, and a clause for cancellation upon default.

Issues considered

  • Whether a person convicted of a life sentence under the MCOCA can be released on bail pending appeal
  • Whether the seriousness of the offence and prior antecedents outweigh the applicant's long period of incarceration and conduct in prison

Legislation cited

Subjects

  • bail
  • life imprisonment
  • MCOCA
  • organized crime
  • appeal
  • suspension of sentence
  • conditions of release
  • court discretion

Judgment

                                                                                  305-ia 589-26.doc


ARJUN                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MACHHINDRA                               CRIMINAL APPELLATE JURISDICTION
KADAM
                                         INTERIM APPLICATION NO. 589 OF 2026
Digitally signed by
ARJUN MACHHINDRA
KADAM
                                                         IN
Date: 2026.08.21                               APPEAL NO. 568 OF 2017
18:00:42 +0530


                      Riyas Vali Mohammed Shaikh                                … Applicant
                              Versus
                      The State of Maharashtra                                  ... Respondents

                                               __________________________

                      Mr. Mohammed Ahmed Shaikh a/w. Ms. Sofiya Shaikh for the Applicant.

                      Mrs. M. H. Mhatre, APP for the Respondent-State.

                      Mr. Amit Gharte for Respondent No.2.

                      Mr. Prosper D’souza for the Appellant in Appeal No. 534/17.

                      ASI Mane, DCB, CID Unit, Mumbai present.
                                          __________________________

                                                       CORAM        : M. S. KARNIK AND
                                                                      SANDESH D. PATIL, JJ.
                                                       DATED        : 21st AUGUST, 2026.

                      P.C. :

                      1.       Heard learned counsel for the applicant.

                      2.       Learned APP and learned counsel appointed through Legal Aid for

                      respondent No.2 vehemently opposed the application for bail.            It is

                      submitted that the applicant, who is accused No.5, is convicted for the

                      offence punishable under Sections 120 B(1) of Indian Penal Code and

                      Sections 3(1) (I), 3(2) of the Maharashtra Control of Organized Crime Act,



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1999 and sentenced to suffer rigorous imprisonment for life and is also

sentenced to pay fine of Rs.5,00,000/- in default to undergo rigorous

imprisonment for one year.

3.     The alleged incident took place on 14th March, 2011. It is the case of

the prosecution that on 14th March, 2011, Mohd. Shoaib Mussa Shaikh

visited the site at about 10.00 a.m. and was sitting on the footpath and

thereafter he found that the security guard was sitting in the compound. At

about 10.30 a.m. Samrat Devarshi visited the office. He was followed by

Manoj Patil, site engineer at about 10.45 a.m. At about 11.00 a.m. Yogesh

Khule (victim) who was site supervisor also visited the site and was

working in the cabin. At about 11.30 a.m. two unknown persons visited

the main gate when Mohd. Shoaib Mussa Shaikh inquired them as to who

they are and whom they want to meet. To which they replied that they are

from a courier company and want to deliver something. Mr. Mohd. Shoaib

let them enter the site, but however followed them. At that time, the

victim also inquired with them as to who they are to which they replied

that they are from courier company. At that moment, one of the accused

removed the gun from his bag and pointed it towards the victim and took

him towards the cabin and closed the door of the cabin. One Mr. Samrat

Devarshi was also present in the cabin. The other person pointed the gun

toward the security guard.



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4.     It is the case of the prosecution that the three persons standing

outside were facing the iron sheets. They heard two shots of fire from

inside the cabin. The accused threatened the person who was standing

outside the cabin and one of them handed over a chit in the hands of the

security guard and ran away from the spot. The victims were lying in the

pool of blood. There are in all two victims.

5.     The applicant-original accused No.5 was arrested from Uttar Pradesh

on the confession of accused No.1 Raju Jadhav.

6.     The trial Court framed charges under Sections 302, 452, 352, 341,

342 and 506(2) read with 120 (B), 3(2) of the IPC and 3(4) of MCOC Act,

1989 and 25(1) of Arms Act.

7.     In all 36 witnesses came be to examined. The applicant is now in

custody for more than 15 years.        We have perused the nominal roll

submitted by the learned APP. Learned APP as well as learned counsel for

the victim while opposing the bail application submitted that the applicant

was convicted for a serious offence and that charges are under MCOC Act.

It is further submitted that it is the applicant who had supplied the fire arm

to the accused.

8.     Our attention is invited to the findings which are at paragraph

Nos.178, 179 and 180 of the Judgment and order of trial Court to submit

that the cogent reasons have been given by the trial Court while convicting



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accused No.5. It is submitted that accused No.5 has a major role and he is

as much as responsible as the other accused.

9.     No doubt, the offence is serious. It is pointed out that there was

previous antecedent and the applicant was charged for the offence

punishable under Section 307 of the IPC.          However, the prosecution

resulted in acquittal.

10.    So far as this appeal is concerned, it may not be possible for us to

give a priority hearing to this appeal considering the number of older

appeals pending. In the present case, there are as many as 36 witnessess.

Nominal roll indicates that the conduct of the applicant in the jail appears

to be satisfactory.      In our opinion, considering that the applicant has

already undergone 15 years of actual imprisonment and the appeal will

still take some time to be heard finally in the light of the principles laid

down in Saudan Singh Vs. State of Uttar Pradesh, 2022 SCC Online SC

697, we are inclined to enlarge the applicant on bail by imposing stringent

conditions.

11.    Hence, the following Order:-

       (i)    The sentence imposed by the trial Court in MCOC Special Case

       No. 11 of 2011 along with MCOC Special Case No. 17 of 2011 by the

       Judgment and order dated 5th and 6th October, 2016 in respect of the

       applicant-original accused No.5 - Riyaz Vali Mohammed Shaikh is



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      suspended during the pendency of the appeal.

      (ii)    The applicant-original accused No.5 - Riyas Vali Mohammed

      Shaikh is enlarged on bail in MCOC Special Case No. 11 of 2011

      along with MCOC Special Case No. 17 of 2011 on his furnishing P. R.

      bond of Rs.1,00,000/- with one or more solvent local sureties in the

      like amount.

      (iii)   The applicant-original accused No.5 shall not enter jurisdiction

      of Mumbai, Mumbai Suburban District, Thane District and Palghar

      District during the pendency of the appeal.

      (iv)    The applicant-original accused No.5 shall report once in a

      month on every first Monday of the month commencing October,

      2026 between 11.00 a.m. and 1.00 p.m to the nearest police station

      close to his residence.

      (v)     The applicant shall furnish the details of his residential

      address and contact details to the trial Court and deposit his passport

      in the trial Court before his enlargement on bail.

      (vi)    The applicants shall remain present at the time of final

      hearing of the appeal.

      (vii) In case of two consecutive defaults in attendance, prosecution

      is at liberty to file an application for cancellation of bail.

      (viii) It is made clear that the applicant shall be released on bail



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       only after the fine amount has been paid.

12.    The Interim Application is allowed in the aforesaid terms and

disposed of.


(SANDESH D. PATIL, J.)                             (M. S. KARNIK, J.)




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