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Bombay High CourtBA/4928/2025disposed off as withdrawn

Mohd Javed Mohd Shafique Ansari v. State Of Maharashtra

2026-01-09Hon'Ble Justice Dr. Neela Kedar Gokhale4 pages

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4928 OF 2025 Mohd Javed Mohd Shafique Ansari ...Applicant

Versus

State Of Maharashtra

...Respondent

Mr. Taraq Sayed, with Anish P., for the Applicant. Ms. Anuja Sunil Gotad, APP for the State-Respondent. Mr. Shrikrishna Gore, API attached to Thane City Crime Branch, Anti Extortion Cell, present.

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2026.01.12 16:57:01 +0530 SHAMBHAVI NILESH SHIVGAN

CORAM

DR. NEELA GOKHALE, J.

DATED:

09th JANUARY 2026 PC:- 1.

The Applicant seeks his release on bail on connection with the C.R.No.1018 of 2023 dated 28th December 2023 registered with the Shanti Nagar Police Station, Thane City for the offences punishable under Sections 8(c), 22(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS'). There are in all 3 accused. The Applicant is Accused No.1. Two accused are already enlarged on bail since there was no recovery from them.

2.

Mr. Taraq Sayed, learned counsel appearing for the Applicant, fairly concedes that 58.46 grams of Mephedrone ('MD') was recovered from the Applicant. However, he has grievance that certain compliances under the NDPS Act were not made. He also fairly points to order dated 30th July 2025 passed by this Court (Coram: Amit Borkar, J.), which reads as under:

"1.

This is a bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The matter was taken up for hearing. Learned Advocate appearing for the applicant made submissions in support of the prayer for grant of bail. However, after hearing the submissions and upon a prima facie consideration of the material on record, this Court was not inclined to grant the relief as prayed.

2.

At this stage, learned Advocate for the applicant, on instructions, seeks permission to withdraw the present bail application. The request was made with an understanding of the consequences of such withdrawal.

3.

In view of the above, the present bail application is allowed to be withdrawn.

4.

The Trial Court is directed to expedite the trial." 3.

Thereafter, the Applicant made an application seeking bail before the Trial Court. However, by order dated 20th November 2025, the said bail application was rejected. 4.

In view of the order dated 30th July 2025 passed by this Court, I am not inclined to enlarge the Applicant on bail at this stage, as there is no substantial change in the circumstances from the date on which earlier Bail Application was withdrawn.

5.

Mr. Sayed, learned counsel appearing for the Applicant, thus, seeks permission to withdraw the present Bail Application. However, since, the Applicant is in custody from 28th December 2023, the Trial Court is requested to expedite the trial and the Applicant is permitted to file a fresh Bail Application after 6 months, if there is no substantial progress in the trial within that period.

6.

Permission to withdraw is granted with the aforesaid liberty.

7.

Disposed as withdrawn.

(Dr. Neela Gokhale, J)