Mohamed Sakir Shaikh v. Union Of India And ANR
915-BA-3124-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3124 OF 2024 Mohamed Sakir Shaikh ...Applicant
Versus
Union of India And Anr.
...Respondents
....
Mr. Aadilhushain M. Saiyed, Advocate for the Applicant. Mr. Shreeram Shirsat a/w Adv. Iqra Qureshi for the Respondent No.1-UOI/NCB through V.C.
Ms. Anamika Malhotra, A.P.P. for the Respondent No.2 - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
25th APRIL, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. NCB/MZU/CR-21/2023 for the offences punishable under Sections 8(C), 21(C), 23(C), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3.
On 29.08.2023, on the basis of secret information, Flat No.103 Sai Co-operative Housing Society Limited, Kharghar, Navi Mumbai was searched. The said flat was occupied by co-accused Paul Ikenna. It is alleged that during the search of the flat, 1.959 Kg. of Cocaine was found. 4.
The learned counsel for the applicant submits that the Sessions Court has released the co-accused Paul Ikenna in Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.04.26 14:10:37 +0530 whose flat the alleged contraband was found. It is submitted SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar
915-BA-3124-2024.doc that the applicant is in jail for one year and seven months and there are no other criminal antecedents against the applicant. 5.
On the other hand, the learned Special P.P. for the Respondent No.1-NCB submits that the present applicant has provided finance to the co-accused for the purpose of drug trafficking. It is submitted that considering the nature of offence, the applicant may not be released on bail. 6.
The fact that the Sessions Court has released the coaccused Paul Ikenna is not disputed. Considering the said fact and as there are no other criminal antecedents against the present applicant, I am inclined to release him on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No. NCB/MZU/CR-21/2023 for the offences punishable under Sections 8(C), 21(C), 23(C), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) The applicant shall attend the concerned office of the NCB once in a month i.e. on first Friday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) Application stands disposed of accordingly.
(N. R. BORKAR, J.) Sajakali Jamadar