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Bombay High CourtIA/4209/2025allowed

Faisal Ataur Raheman Shaikh v. The State Of Maharashtra

2025-12-16Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

P.H. Jayani 05 APEAL802.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4209 OF 2025 IN CRIMINAL APPEAL NO. 802 OF 2018 Faisal Ataur Rehaman Shaikh .... Applicant V/s.

The State of Maharashtra .... Respondent Dr. Yug Mohit Chaudhry for the Applicant.

Ms. Sangeeta Shinde, APP for the Respondent - State. CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATED : 16th DECEMBER, 2025 P.C. :- 1) Interim Application No.4209 of 2025 filed in the Criminal Appeal No.802 of 2018 seek release of the Applicant on bail. Dr. Chaudhry for the Applicant has urged that the only evidence against the Applicant being arraigned as Accused No.19, is the confession recorded under Section 18 of the Maharashtra Control of Organised Crime Act, 1999 in the train blast case but the said confessional statement was not believed by the Division Bench of this Court which delivered its decision on 21/07/2025 and therefore, this material cannot form the basis of his conviction in the present case. Therefore, a request is made that the Applicant be released on bail by taking into consideration this important aspect of the matter, which has emerged subsequent to the judgment of acquittal by this 1/2

P.H. Jayani 05 APEAL802.2018.doc Court on 21/07/2025.

2) The learned APP Mrs. Shinde would submit that the present Appeal is tagged along with other Appeals and they should be heard together. We do not intent to give any false hope to the Applicant that the Appeals shall be immediately taken up for hearing but we definitely are inclined to consider the Application for bail on its merits. 3) However, since Mrs. Shinde is not armed with the papers and necessary instructions, at her request we direct listing of this Application to 15/01/2026.

(SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.) PREETI HEERO JAYANI by PREETI HEERO JAYANI Date:

2025.12.18 11:35:11 +0530 2/2