Anwar Abdulgani Bagwan v. The State Of Maharashtra

(P.A.) 909_IA_4008_2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4008 OF 2025 IN BAIL APPLICATION NO.2564 OF 2018 Anwar Abdulgani Bagwan ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Mubin Solkar a/w Tahir Hussain, Anas Shaikh, Hemal Shah, Zahid Buraud i/by Tahera Qureshi, for the Applicant.

Ms. Anuja S. Gotad, APP for the Respondent - State.

CORAM

DR. NEELA GOKHALE, J.

DATED:

10TH FEBRUARY 2026 PC:- 1.

By way of the present Application, the Applicant seeks modification of bail order dated 19th August, 2019 passed by this Court (Coram: Revati Mohite Dere, J.) in Criminal Bail Application No.2564 of 2018, by relaxing condition at clause (iv) of paragraph No.8 restraining the Applicant from leaving Mumbai city without prior permission of the Court, by permitting the Applicant to travel outside

(P.A.) 909_IA_4008_2025.doc Mumbai after giving prior written intimation of the same to the DCB, CID. The Applicant has also sought alternate prayer. 2.

I have Heard Mr. Solkar, learned counsel for the Applicant and Ms. Gotad, learned APP representing the State. 3.

It appears that the trial has commenced; however, only one witness has been examined, and the prosecution intends to examine nearly 100 witnesses.

4.

Mr. Solkar, submits that the Applicant need to travel to Ahmednagar to look after his ailing father, aged 74 years. He further submits that the Applicant is a qualified medical doctor by profession, and for enhancement of his skills he is often required to attend various medical workshops and appear for competitive examinations for specialization, for which he is required to travel out of Mumbai frequently. He further submits that whenever the occasion arises, to make application seeking permission from the Trial Court, the time gap between filing of such application and the date on which

(P.A.) 909_IA_4008_2025.doc the application is decided is quite a long time, and consequently, the purpose of making application becomes infructuous. In these circumstances, he prays that the said condition be relaxed.

5.

I have gone through the material placed on record. 6.

Considering the submissions made by Mr. Solkar; and the fact that the Applicant has complied with all the conditions of the bail order dated 19th August, 2019 for the past seven years; and that the trial is likely to take a long time, I am inclined to modify said bail condition. The modified bail conditions read thus:

a) The Applicant is permitted to travel outside Mumbai after giving prior written intimation to the DCB, CID, with full particulars of his proposed itinerary, by email, WhatsApp or any other electronic mode or other mode of communication as may be required by the Investigating Officer;

(P.A.) 909_IA_4008_2025.doc b) The Applicant shall deposit his passport, if not already deposited, with the concerned officials of the DCB, CID;

c) If the Applicant is required to stay outside the city of Mumbai for a period of more than 15 days, he shall report once on every alternate Monday between 09:00 a.m. and 11:00 a.m. to the nearest local police station of the place where he resides at that time; d) The local police station where the Applicant marks his presence shall issue an acknowledgment to the Applicant, and also keep the officials of the DCB, CID Mumbai informed about the marking of attendance by the Applicant. If the officials of the DCB, CID do not get intimation from the out of station police regarding Applicant's attendance, they are at liberty to communicate with the Applicant, to ascertain his whereabouts.

(P.A.) 909_IA_4008_2025.doc e) The Applicant shall intimate his return to the concerned Investigating Officer of the DCB, CID within two days of his return;

7.

Rest of the order shall remain as it is.

8.

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

(DR. NEELA GOKHALE, J)