Mohammad Zuber Mohammad Niyaz Hashmi v. State Of Maharashtra And ORS

43-WP-6304-2025.odt rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.6304 OF 2025 Mohammad Zuber Mohammad Niyaz Hashmi..

Petitioner V/S State of Maharashtra & Ors.

..

Respondents Mr.Vinod Sangvikar i/b Ram Karode for the Petitioner. Mr.S.R. Agarkar, APP for the State.

CORAM :

BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATE :

1st DECEMBER, 2025.

P.C.

The specific grievance raised in the Petition seeking issuance of writ of Habeas Corpus, filed by the maternal uncle of one Saud Kamran Bin Mohammad Imran Arab, is that after he alongwith five other persons were released on bail by JMFC, Court NO.6, Pune, on 19/11/2025, before his actual release from Yerwada Jail where he was detained, the Deputy Commissioner of Police Mr.Somay Munde (Respondent No.3) alongwith his team picked him up from Yerwada Jail and detained him till he was released on 29/11/2025.

It is, in these circumstances, the Petitioner refer to his detention as illegal, from 19/11/2025 till 29/11/2025 i.e. the date of his actual release.

Some of the prayers in the Petition are not pressed for since the detenue is now released, but the learned counsel would specifically 1/2

43-WP-6304-2025.odt release in terms of prayer clause (c), (e), (f) and (g). We find the complaint made to be very serious. In any case, before passing any direction/order, we deem it appropriate to direct the the learned APP Mr.Agarkar to obtain necessary instructions from Respondent No.3, and as he is furnished with a copy of the Petition, we expect a short Affidavit to be filed from him before us about the detention of Saud Kamran Bin Mohammad Imran Arab from 19/11/2025 to 29/11/2025.

List 03/12/2025.

[SHYAM C. CHANDAK, J] [BHARATI DANGRE, J] 2/2