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Bombay High Court

IMRAN HUSSAIN KHANversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The order cancelling the bail bonds was set aside as the petitioner’s undertaking to attend all future dates and lack of dilatory conduct negated any justification for the cancellation.

Summary

The petitioner, Imran Hussain Khan, challenged an order dated 29 June 2026 of the Additional Special Judge (MCOC), Thane, which cancelled his bail bond and that of co‑accused Mahendra Jayprakash Sing on the ground of their absence. The trial court justified the cancellation by noting the case’s ten‑year pendency and the need for a time‑bound disposal, asserting that the accused’s non‑appearance hindered proceedings. The petitioner’s counsel submitted that the absence on 29 June was due to heavy rain and traffic, and highlighted the petitioner’s consistent attendance and cooperation throughout the trial, offering an undertaking to appear on all future dates. Relying on this undertaking and the absence of any dilatory intent, the High Court quashed the impugned order. Consequently, the writ petition was disposed.

Issues considered

  • The legality of cancelling bail bonds on the basis of the accused’s absence in a long‑pending case
  • Whether the petitioner’s undertaking to attend all future dates warrants setting aside the trial court’s order
  • Scope of the High Court’s jurisdiction under Article 227 to review the trial court’s order

Subjects

  • bail
  • exemption applications
  • Article 227
  • writ petition
  • trial court order
  • attendance undertaking
  • expeditious disposal

Judgment

                                                  150-WP-4165-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.4165 OF 2026


Imran Hussain Khan                                   …Petitioner
      Versus
The State of Maharashtra                             …Respondent


Ms. Apeksha Vora a/w. Mr. Sujit Mishra and Mr. Aniruddh Yadav,
for the Petitioner.
Mr. Prashant P. Jadhav, APP, for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     25th AUGUST 2026
PC:-


1.       Heard Ms. Vora, learned Counsel appearing for the Petitioner

and Mr. Jadhav, learned APP appearing for the Respondent-State.



2.       By the present Writ Petition filed under Article 227 of the

Constitution of India, the Petitioner is challenging the legality and

validity of the order dated 29 th June 2026 passed by the learned

Additional Special Judge (MCOC), Thane, below Exhibits 323 and

324 in Special Case (MCOC) No.1 of 2016.



3.       Ms. Vora, learned Counsel appearing for the Petitioner

submitted that by the impugned order passed below Exhibit-323



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and Exhibit-324, Applications seeking exemptions have been

rejected and bail bonds of Accused No.1-Mahendra Jayprakash

Sing and Accused No.3-Imran Husain Khan were cancelled due to

their absence.



4.       The learned Trial Court while passing the impugned order

has observed that the case is 10 years old and High Court has

expedited the case and therefore, due to the absence of accused,

conducting a time bound matter is affected.



5.       Ms. Vora, learned Counsel appearing for the Petitioner states

that on 29th June 2026 there was heavy rainfall and therefore, the

Applicant/Accused No.3- Imran Hussain Khan was stuck in traffic.



6.       Ms. Vora, learned Counsel submits that the Petitioner will

attend each and every date and completely co-operate for

expeditious disposal of the said Special Case (MCOC) No.1 of

2016. She points out the statements made in paragraph Nos.6, 7

and 8 of the Writ Petition. The said paragraphs are reproduced

hereinbelow:




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          “6.The Petitioner respectfully submits that after
          grant of bail on 17.05.2023, the matter has
          remained pending before the learned Special Court
          for more than two years and eight months, and has
          been listed more than 52 occasions, spanning a
          period of approximately 2 years, 11 months.

          7. The Petitioner respectfully submits that
          throughout the pendency of the trial, he has
          remained substantially/precisely complied with the
          directions issued by the learned Trial Court. The
          Roznama demonstrates that the Petitioner remained
          present before the Court on all the occasions, except
          on few occasions, exemption applications were
          moved on behalf of the Petitioner owing to
          unavoidable circumstances, including medical and
          other genuine difficulties.

          8. The Petitioner submits that the aforesaid
          attendance record clearly establishes that he has
          never adopted any dilatory tactics not intentionally
          delayed the proceedings. On the contrary, he has
          consistently cooperated with the learned Trial Court
          in the expeditious disposal of the case.”


7.       In view of the above circumstances, Ms. Vora, learned

Counsel states that the Petitioner has never avoided the trial and

on instructions, she states that the Petitioner will attend each and

every date of the trial. The said statements are accepted as

undertakings given to this Court.




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                                                                  150-WP-4165-2026.DOC




             8.       Accordingly, by accepting the statement that the Petitioner

             will attend each and every date before the learned Trial Court and

             completely co-operate in the disposal of the said Special Case

             (MCOC) No.1 of 2016, the impugned order dated 29 th June 2026

             passed by the learned Additional Special Judge (MCOC) No.1 of

             2016 passed below Exhibits-323 and 324 in Special Case (MCOC)

             No.1 of 2016 is quashed and set aside.



             9.       Accordingly, the Writ Petition is disposed of.




                                                          [MADHAV J. JAMDAR, J.]




       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.08.25
       17:54:57
       +0530




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