Bombay High CourtIA/1063/2025allowed

Riyaz Gayaz Shaikh v. The State Of Maharashtra

2026-01-19Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Shyam C. Chandak2 pages

P. H. Jayani 09 IA1063.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1063 OF 2025 IN CRIMINAL APPEAL NO. 291 OF 2016 Riyaz Gayaz Shaikh .... Applicant v/s.

The State of Maharashtra .... Respondent ________________________________ Ms. Payoshi Roy a/w. Mr. Ulkesh Gangurde for the Applicant. Smt. Madhavi H. Mhatre, APP for the Respondent - State. ________________________________ CORAM: A.S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATED : 19th JANUARY, 2026.

P. C. :- 1) This is an Application for suspension of sentence and releasing the Applicant on bail.

2) It is an admitted fact on record that, as of today, the Applicant has undergone incarceration of about 10 years and 06 months at pre-trial and post conviction stage. By an Order dated 23rd January, 2024 in Interim Application No.3296 of 2023, the co-accused - Mubarak @ Bhaijan Dastagir Pathan was released on bail by this court on the ground of prolonged incarceration. The observations made by this court in Order dated 23rd January 2024, are also applicable to the Applicant herein in view of the fact that, he has undergone about 10 years and 06 months of actual incarceration.

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P. H. Jayani 09 IA1063.2025.doc 2.1) Hence, the following Order :- (i) Applicant - Riyaz Gayaz Shaikh shall be released on bail in Sessions Case No.577 of 2013 arising out of FIR No.136/2013 registered with Hinjewadi Police Station, District Pune, on his furnishing P.R. bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

(ii) After his release from jail and during the pendency of the present Appeal, the Applicant shall attend Hinjewadi Police Station, District Pune on every first Monday of the month between 10.00 a.m. and 12.00 noon and mark his presence initially for a period of one year.

After end of one year, the Applicant shall attend Hinjewadi Police Station, District Pune on every first Monday of every 3rd month between 10.00 a.m. and 12.00 noon. The Applicant thus shall attend Hinjewadi Police Station, District Pune four times in a year during the pendency of the present Appeal. (iii) In case of two consecutive defaults in complying with the aforestated conditions, the prosecution is at liberty to file an Application for cancellation of bail.

3) Application is allowed in the aforesaid terms. PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) by PREETI HEERO JAYANI Date:

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