Saud Shafiq Sayyed v. State Of Maharashtra

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 404 OF 2025 Saud Shafiq Sayyed ...Applicant

Versus

State Of Maharashtra

...Respondent

Ms Zehra Charania a/w Ayaz Khan and Mallika Sharma, for the Applicant.

Ms Anuja S. Gotad, for the Respondent.

Mr Nitin Palande, PSI attached to Trombay Police Station is present.

CORAM

Dr. Neela Gokhale, J.

DATED:

8th September 2025 PC:- 1.

Heard learned counsel for the Applicant and the learned APP for the Respondent-State.

2.

By this application, the Applicant seeks his release on bail in C.R.No.501 of 2023 registered at the instance of Trombay Police Station, Brihanmumbai City in NDPS Special Case No. 683 of 2024 before the Special Court at Bombay.

3.

Ms Zehra Charania, learned counsel for the Applicant, submits that co-accused has been enlarged on bail by the Supreme Court by its order dated 22nd August 2025 passed in Special Leave Petition (Crl.) No. 7284 of 2025 on such terms and conditions as the Trial Court concerned may deem fit and proper to impose in the facts and circumstances of the case. She has tendered the said order of the Supreme Court. She also submits that charge-sheet in the present matter has been filed on 3rd April 2022. The Applicant had filed application for bail before the Special NDPS Court at Mumbai, however, the same was rejected by an order dated 3rd January 2025. 4.

Ms Anuja Gotad, learned APP representing the State, submits that CA report pertaining to the alleged contraband is received and 53 grams of mephedrone is detected, seized and recovered.

5.

I have considered the submissions of both the counsel. The Applicant is in custody for 1 year and 10 months. There are

no antecedents of the Applicant. Co-accused has also been granted bail as stated by learned counsel for the Applicant. 6.

In view of the aforesaid, the application is allowed. 7.

Since the Apex Court while granting bail to the coaccused in SLP (Crl) No.7284 of 2025 has directed release of the co-accused on such terms and conditions as the Trial Court concerned may deem fit and proper to impose in the facts and circumstances of the case, the Applicant be also released on similar terms and conditions as the Trial Court concerned has imposed or imposes on the co-accused namely, Abuzar Shakeel Khan.

8.

It is made clear that observations made herein above are prima facie and the Special Court shall decide the case on its own merits in accordance with law uninfluenced by the observations made in this order.

9.

Bail Application is accordingly disposed of.

(Dr. Neela Gokhale, J) SHAMBHAVI NILESH SHIVGAN SHAMBHAVI NILESH SHIVGAN Date: 2025.09.08 19:59:46 +0530