Bombay High Court

ZAINUL ABDIN ABDUL RASHID SHAIKHversusSTATE OF MAHARASHTRA

Decided: 10 April 2026
Disposal: Disposed Off
Bench: SARANG VIJAYKUMAR KOTWAL SANDESH DADASAHEB PATIL

Holding

The Court granted liberty to the Respondent to release the detainee and disposed of the petition as not pressed.

Summary

The petitioner filed a writ petition alleging that the detainee was being held in police custody without legal authority. The Respondent, the State, through the Acting Chief Police Prosecutor, informed the Court that the detainee would be released on the same day and sought liberty to take appropriate action. The Court granted the liberty sought by the Respondent to release the detainee. Following this, the petitioner's counsel chose not to pursue the petition further. Consequently, the Court disposed of the petition as not pressed.

Issues considered

Whether the detainee's continued custody in the police station was authorized by law.

Subjects

detention
police custody
writ petition
liberty
procedural law

Judgment

                                                          1/2                  902-WP-1247-26.odt

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.1247 OF 2026

                          Zainul Abidin S/o Abdul Rashid Shaikh           .... Petitioner

                                         versus

                          The State of Maharashtra & Ors.                 .... Respondents
                                                       …....

                          •     Mr. R. A. Shaikh a/w Hasan Sayed, Mariyah Khatkhatey, Shubi
                                 Syed and Naziya Bhaldar i/b. Darakhsha Begzad, Advocate for
                                 Petitioner.
                          •     Smt. M. M. Deshmukh, Acting Chief PP a/w Ms. Mahalakshmi
                                 Ganapathy, APP for the State/Respondent.

                                                  CORAM     : SARANG V. KOTWAL &
                                                              SANDESH D. PATIL, JJ.
                                                  DATE      : 10th APRIL, 2026

                          P.C. :


                          1.             This Petition is filed with the grievance that the

                               detenue is kept in the police station without any authority of

                               law.



                          2.             Heard Mr. R. A. Shaikh, learned Counsel for the
MANUSHREE
NESARIKAR                      Petitioner and Smt. M. M. Deshmukh, Acting Chief PP for the
Digitally signed
by MANUSHREE
NESARIKAR                      State.
Date: 2026.04.10
16:58:42 +0530




              Nesarikar
                                 2/2                     902-WP-1247-26.odt




3.              At the outset, learned PP, on instructions, states that the

     detenue will be permitted to leave the police station today itself.

     She seeks liberty to take appropriate action in accordance with

     law.



4.              The statement is recorded and accepted. The liberty, as

     sought for by the learned APP, is granted.



5.              In view of this statement, learned counsel for the

     Petitioner does not press this Petition.



6.              The Petition is disposed of as not pressed.




            (SANDESH D. PATIL, J.)              (SARANG V. KOTWAL, J.)

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