Mohammad Tallah Mohammad Raees Khan v. The Senior Inspector Of Police And ANR

Shivgan 28-BA-3356-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3356 OF 2025 Mohammad Tallah Mohammad Raees Khan ...Applicant

Versus

The Senior Inspector of Police & Anr.

...Respondents

Mr Taraq Sayed, with Wagh Swapnil Laxman, Prathmesh Bhosale and Somvrat Kurlekar, for the Applicant. Ms. Anamika Malhotra, APP for the Respondent-State. Mr. Vinod Dhore & Deepak Hol, PSIs attached to D B Marg Police Station present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

29th SEPTEMBER 2025 PC:- 1.

By way of the present Application, the Applicant seeks his release on bail in connection with the FIR No.691 of 2025 dated 31st July 2025 registered with the D.B. Marg Police Station, Brihan Mumbai city, for the offences punishable under Sections 8(c) and 22B of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short).

Shivgan 28-BA-3356-2025.doc 2.

At the very outset, Mr. Taraq Sayed, learned counsel appearing for the Applicant, fairly submits that the chargesheet is recently filed. He however, presses the present bail application only on medical grounds. He has drawn my attention to the medical record pertaining to the Applicant. It appears that the Applicant met with an accident in the year 2021 and has some metal plates implanted in his brain. The medical report indicates that the said plates were required to be removed on 25th July 2025 by conducting a cranioplasty however, because of his arrest, the said surgery could not be performed. Mr. Sayed further submits that the medical condition of the Applicant is serious and the said surgery is imminent. Mr. Sayed states that the Applicant be granted liberty to apply for regular bail before the Trial Court after the Applicant surrenders to the Jail Authorities, within the period as may be granted by this Court.

3.

Having heard Mr. Sayed and Learned APP and considering his medical condition, the Applicant is released on

Shivgan 28-BA-3356-2025.doc temporary medical bail for a period of three months, only for the purpose of performing the said surgery after which, he will surrrender to the Jail Authority of Mumbai Central Prison, Mumbai Central, Mumbai. The Applicant is at liberty to file a regular bail application before the Trial Court since the charge-sheet is now filed, after surrendering to the Jail Authorities, once the medical bail period is over. Accordingly, the Application is allowed and it is ordered as under:

ORDER

i) The Applicant be enlarged on temporary medical bail for a period of three months, on executing PR Bond in the sum of Rs.25,000/ with one or two local sureties in the like amount; ii) The Applicant is directed to furnish provisional cash bail of Rs.25,000/- for his release immediately and file an undertaking that he will provide one or two sureties in the like amount of Rs.25,000/- within a period of two weeks after his

Shivgan 28-BA-3356-2025.doc release, which shall be accepted by the Trial Court. The Applicant shall provide the sureties as directed. iii) The Applicant is directed to furnish details of the hospital in which the surgery is to be conducted and where he is going to be admitted for the said period, to the Investigating Authority within a period of eight days from his release;

iv) He shall also keep the Investigating Authority apprised, at all times, of his whereabouts;

v) The Applicant is directed to surrender to the Jail Authority of Mumbai Central Prison, Mumbai Central, Mumbai after a period of three months from the date of uploading of this order;

vi) If the Applicant has not deposited his passport, the Applicant shall deposit the same with the concerned Police Station;

Shivgan 28-BA-3356-2025.doc vii) The Applicant shall not leave India, without the permission of the Trial Court;

viii) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

ix) The Applicant shall inform his latest place of residence and mobile number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Authority;

x) Any infraction of the aforesaid conditions shall entail cancellation of temporary medical bail. 4.

Application is allowed in the above terms and is accordingly disposed of.

(DR. NEELA GOKHALE, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.09.29 19:20:04 +0530 SHAMBHAVI NILESH SHIVGAN