Mohammad Fahim Salim Shaikh v. The State Of Maharashtra

(P.A.) S901-IA-4141-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4141 OF 2025 IN BAIL APPLICATION NO.3199 OF 2025 Mohammad Fahim Salim Shaikh @Mhapla ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Sherali Khan a/w Tabish Shaikh and Veeraj Naik, for the Applicant.

Ms. Poonam P. Bhosale, APP for the Respondent - State. PI - Sachin Kotmire, Dongri Police Station, Mumbai, present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

12TH NOVEMBER 2025 PC:- 1.

By this Application, the Applicant seeks temporary bail for a period of three months in Special (NDPS) Case No.1220 of 2025 arising out of C.R.No.496 of 2024 registered with the Dongri Police Station, for the offences punishable under Sections 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS') and Sections 61(2), 3(5) and 238 of the Bhartiya Nyaya Sanhita, 2023 ('BNS').

(P.A.) S901-IA-4141-2025.doc 2.

Heard Mr. Khan, learned counsel for the Applicant and Ms. Bhosale, learned APP, representing the State. 3.

Ms. Bhosale tendered on record the Prisoner's Medical Report dated 11th November, 2025. The same is taken on record and marked as Exhibit 'X' for identification. 4.

As per the said report given by the Chief Medical Officer, Mumbai Central Prison, Mumbai, the Applicant was referred to Nair Hospital, Mumbai where he was admitted and angioplasty was attempted on 6th October, 2025, but not perused i/v/o precarious lesions and wire position. There were certain complications, due to which the Applicant was advised to undergo Coronary Artery Bypass Graft Surgery (CABG). The Applicant is desirous of undergoing said surgery in a private Hospital. Hence, he has made the present Application.

5.

In view of the medical report, it is necessary that the Applicant undergoes said surgery. In these circumstances, I

(P.A.) S901-IA-4141-2025.doc am of the view that it is in the interest of justice if the Applicant is permitted to undergo said surgery at a private Hospital. Needless to state that the expenses of the said surgery shall be borne by the Applicant. Accordingly, the Applicant is directed to be released on interim cash bail of Rs. 25,000/- for a period of three months from the date of his release.

6.

The Applicant is directed to keep the Superintendent of Mumbai Central, Mumbai apprised of the details of his whereabouts including the name of the Hospital, the name of the treating doctors, the relatives visiting him and any other information as required by the Investigating Officer / Jail authorities.

7.

The Applicant is enlarged on interim bail for a period of three months from the date on which he is released. On the last day of three months at 03:00 pm., the Applicant shall surrender himself to the Mumbai Central Prison, without fail.

(P.A.) S901-IA-4141-2025.doc 8.

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

9.

List Bail Application No.3199 of 2025 on 9th February, 2026.

(DR. NEELA GOKHALE, J)