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Bombay High Court

NAWAZ SHAIKH PRESENTLY LODGED AT CENTRAL JAIL COLVALEversusTHE STATE OF GOA THR PUBLIC PROSECUTOR AND ANR

Disposal
Allowed

Holding

The High Court quashed the cancellation of proclamation and bail, and ordered the petitioner to be released on a fresh personal bond of Rs.50,000 with one surety.

Summary

The petitioner, Nawaz Shaikh, challenged a Sessions Court order that cancelled his proclamation and allowed the prosecution to cancel his bail in a case (Crime No.123/2018) pending before the Sessions Court. He had been on bail since 2018, attended all hearings, but missed some sessions after being charged in a separate case (Crime No.5/2026) and obtaining pre‑arrest bail. The prosecution argued that his absence amounted to a breach of bail conditions, justifying cancellation of bail and issuance of a proclamation. The High Court examined whether the petitioner’s non‑attendance was deliberate and whether it warranted cancellation of bail. Finding that the absence was due to pursuing bail in the new case and not a willful breach, the Court quashed the cancellation order, directed the petitioner to furnish a fresh personal bond of Rs.50,000 with one surety, and ordered him to continue attending the original trial.

Issues considered

  • Whether the Sessions Court erred in cancelling the proclamation and allowing cancellation of bail for the petitioner.
  • Whether the petitioner’s absence from the trial, caused by the pendency of a separate case, constitutes a breach of bail conditions.
  • Whether the petitioner is entitled to be released on bail pending trial in the original case with fresh surety.

Legislation cited

Subjects

  • bail
  • proclamation
  • non‑bailable warrant
  • pre‑arrest bail
  • good behaviour condition
  • criminal procedure
  • high court
  • cancellation of bail
  • cancellation of proclamation
  • fresh surety

Judgment

2026:BHC-GOA:1755                         WPCR-359-2026


   Suzana

                      IN THE HIGH COURT OF BOMBAY AT GOA

                     CRIMINAL WRIT PETITION NO.359 OF 2026


            Nawaz Shaikh presently lodged at
            Central Jail, Colvale                                   … Petitioner

                   Versus

            The State of Goa, thr. Public Prosecutor
            And Anr.                                              .. Respondents.

            Mr. Vibhav Amonkar, Advocate for Petitioner.
            Mr. Somnath B. Karpe, Additional Public Prosecutor with Ms.
            Samiksha Vaigankar, Advocate for Respondents.

                                   CORAM           : S. G. CHAPALGAONKAR, J.
                                   DATED:          : 28th August 2026.

            ORDER:
            1.     The Petitioner impugns Order dated 12.08.2026 passed by the

            Sessions Court in Sessions Case (Ors). No.3/2020 thereby rejecting his

            application for cancellation of proclamation and allowing application for

            cancellation of bail moved by prosecution. The Petitioner further seeks

            directions to enlarge him on bail.


            2.   The Petitioner is an accused in Crime No.123/2018 registered for

            offences punishable under Sections 307, 341, 448, 452, 506(ii) read

            with Section 34 Indian Penal Code and Section 3 read with Section 5 of

            the Arms Act. The Petitioner was released on bail by Order dated

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16.11.2018 passed by the Additional Sessions Judge, South Goa, Margao.

On completion of investigation, chargesheet has been filed, he is

enlarged on bail and presently Sessions Case (Ors) No.3/2020 is

pending before the Sessions Court at South Goa at Margao.         The

Petitioner continuously attended Court proceedings and abided terms

and conditions of bail.   Even trial in Sessions Case No.3/2020 is

commenced and as many as 7 prosecution witnesses have been

examined.


3.   On 06.01.2026, Petitioner has shown accused in Crime No.5/2026

registered with Vasco Police Station for offences punishable under

Sections 109, 118(1) and (2), 303(2) read with 3(5) BNS, 2023. The

Petitioner moved application for pre-arrest bail before the Sessions

Court. While bail application was pending, the Petitioner could not

attend the hearing in Sessions Case No.3/2020.         Eventually, on

11.02.2026, non-bailable warrant came to be issued against him. On

24.04.2026, since non-bailable warrant could not be executed against

Petitioner, proclamation came to be issued.


4.   On 30.05.2026, Petitioner appeared before the Judicial Magistrate

First Class at Vasco and submitted personal bond in Crime No.5/2026.

Accordingly, he has been released on bail.      Thereafter, Petitioner

appeared in Sessions Case No.3/2020 and filed application for
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cancellation of proclamation. As per directions of the Sessions Court,

he had submitted a fresh personal bond of Rs.20,000/- pending

application for cancellation of proclamation.         On 03.07.2026,

prosecution filed an application seeking cancellation of bail granted to

Petitioner.   The Petitioner personally remained present before the

Sessions Court during hearing of the aforesaid applications. Ultimately,

on 12.08.2026, Learned Sessions Judge rejected Petitioner's application

for cancellation of proclamation, whereas, allowed prosecution's

application for cancellation of bail and took Petitioner into custody.

Hence, this Petition.


5.       Mr. Vibhav Amonkar, Learned Advocate appearing for the

Petitioner would submit that since 2018, Petitioner has continuously

attended proceedings in Sessions Case. He abided by conditions of bail

imposed upon him while being released in Crime No.123/2018.

Unfortunately, when Petitioner was implicated in Crime No.5/2026 and

required to pursue his remedies for pre-arrest bail, during the period

from 06.01.2026 till 30.05.2026 till his release on bail, he could not

attend proceedings in Sessions case. Thereafter, he suo motu appeared

in Sessions Case No.3/2020. Even in subsequent Crime No.5/2026, he

has been enlarged on bail. Hence, Petitioner need not be detained behind

bars and can be released by putting appropriate conditions.

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6.        Per contra, Mr. Somnath B. Karpe, Learned Additional Public

Prosecutor, supports the impugned Order and submits that previously,

two offences have been registered against the Applicant. While the trial

in Sessions Case No.3/2020 had reached advanced stage, Petitioner

absconded.     Non-bailable warrant issued against him could not be

served.     Even his surety failed to bring him before the Court.

Eventually, proclamation was issued.


7.    Having considered submissions advanced by Learned Advocates

appearing for respective parties, it can be observed that previously

Crime No.123/2018 has been registered against the Petitioner which is

under trial in Sessions Case No.3/2020 before the Sessions Court.

Indisputably, Petitioner was released on bail in said crime subject to

condition of good behaviour. The Petitioner regularly attended hearing

in Sessions Case No.3/2020 without default. As many as 7 witnesses

have been examined in the trial. It is only after registration of Crime

No.5/2026, wherein Petitioner is shown as accused No.5, he failed to

attend hearings before Sessions Court while pursuing his remedy for

grant of pre-arrest bail.   It is true that because of the Petitioner's

absence in Sessions Case No.3/2020, non-bailable warrant was issued

which could not be executed against him. Eventually, proclamation was

required to be issued.

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8.   The record indicates that on 30.05.2026, the Petitioner was

released on bail in Crime No.5/2026 and thereafter, he appeared before

Sessions Court in Sessions Case No.3/2020 and filed application for

cancellation of proclamation.        At the same time, prosecution filed

application for cancellation of bail and same has been allowed. The

prime reason for cancellation of bail is the absence of Petitioner in

midst of trial in Sessions Case No.3/2020 and non-service of non-

bailable warrant against him. The impugned Order further records that

the Petitioner has failed to abide the conditions of bail whereby he was

required to maintain good behaviour.

9.   This Court finds that, due to the registration of Crime No.5/2026

dated 06.01.2026, Petitioner was required to move the application for

pre-arrest bail which was dismissed. Thereafter, on 30.05.2026, he

surrendered before the Magistrate and obtained bail. The absence of

Petitioner cannot be said to be deliberate avoidance of attendance in

Sessions Case No.3/2020. It is difficult to hold that only because Crime

No.5/2026 is registered against him, he can be blamed of breach of

condition regarding good behaviour.           Perusal of FIR in Crime

No.5/2026 suggest that Petitioner was not assailant of informant

therein. He was alleged to be driver of vehicle wherein accused persons

undertook journey. In the aforesaid backdrop, interest of justice would

be served if Petitioner is directed to furnish fresh surety. Hence, Writ
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                 Petition is allowed in terms of prayer clause (a), subject to condition

                 that the Petitioner furnish fresh personal bond with one surety for

                 Rs.50,000/- and continue to attend proceedings in Sessions Case

                 No.3/2020 without default till conclusion of trial. Prayer clause (a)

                 reads thus:

                       “a) Grant a writ of certiorari or a writ in the nature of
                       certiorari or any other appropriate writ, order or direction
                       calling for the records in Sessions Case (Ors.) No.3/2020
                       pending before the Sessions Court South Goa at Margao and
                       after perusing the same, to quash the said Order dated
                       12.08.2025 passed by the Ld. District Court by which for
                       cancellation Application of proclamation filed by the Petitioner
                       has been dismissed and the Application for cancellation of bail
                       filed by the Prosecution has been allowed and consequently
                       enlarge the Applicant on bail.”



                 10.     Criminal Writ Petition is allowed and disposed of.



                                                  S. G. CHAPALGAONKAR, J.




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Signed by: MARIA SUZANA REBELLO
                                                28 August 2026
Designation: Personal Assistant
Date: 29/08/2026 16:10:28


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