Bombay High Court

AFAJUDDIN MOHAMMAD SHAIKH @ TAKLA NANAversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 3 September 2026
Disposal: Disposed Off

Holding

The order rejecting the petitioner's prayer for premature release cannot be faulted and the petition is disposed of.

Summary

The petitioner, Afajuddin Mohammad Shaikh, was sentenced to life imprisonment, meaning the remainder of his natural life. He filed a writ petition seeking premature release while his Criminal Appeal No.146 of 2019 was pending before the High Court. The Court observed that the government could not grant any benefit of premature release during the pendency of the appeal, and therefore the order dated 05/05/2026 rejecting the petitioner's prayer could not be faulted. Consequently, the petition was disposed of, with a direction that the petitioner may renew his application for premature release after the appeal is decided. The Court clarified that any such future application will be decided on its own merits in accordance with law.

Issues considered

What is the propriety of rejecting a petition for premature release when the convict's appeal is pending?
Can the government grant premature release during the pendency of a criminal appeal?

Subjects

life imprisonment
premature release
criminal appeal
writ petition
high court

Judgment

                                                    1/2                     09-WP-4365-26.odt

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                         WRIT PETITION NO.4365 OF 2026

                      Afajuddin Mohammad Shaikh
                      @ Takla Nana                                    .... Petitioner

                                    versus

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

                      •     Mr. Omneel Jadhav, Advocate for Petitioner.
                      •     Ms. M. M. Deshmukh, APP for the State/Respondent.

                                        CORAM      : SARANG V. KOTWAL &
                                                     RANJITSINHA RAJA BHONSALE, JJ.
                                        DATE       : 03rd SEPTEMBER, 2026

                      P.C. :


                      1.            In this case, the Petitioner is sentenced to suffer

                           imprisonment for life, which is to mean remainder of his natural

                           life. The Petitioner’s Criminal Appeal No.146 of 2019 is pending

                           before this Court.



                      2.            Considering that the specific sentence is for life
MANUSHREE
NESARIKAR


Digitally signed
                           imprisonment till the end of his life, at this stage, during the
by MANUSHREE
NESARIKAR
Date: 2026.09.07
10:54:48 +0530             pendency of this Appeal, the Government was not in a position


          Nesarikar
                               2/2                     09-WP-4365-26.odt

     to grant him any benefit of premature release. Therefore, at this

     stage, the order dated 05/05/2026 rejecting the Petitioner’s

     prayer for premature release cannot be faulted with.



3.            The Petition is therefore disposed of. However,

     depending on the outcome of the Criminal Appeal No.146 of

     2019, the Petitioner is at liberty to renew his prayer of

     premature release. If such an application is made, after the

     decision of the said Appeal, it shall be decided on its own merits

     and in accordance with law.



4.            The Petition is disposed of.




(RANJITSINHA RAJA BHONSALE, J.)              (SARANG V. KOTWAL, J.)

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