1 of 3 5-ia-3335-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3335 OF 2026 IN CRIMINAL APPEAL NO. 612 OF 2022 Kafeel Ahmed Mod Ayub ..Applicant Versus The State of Maharashtra ..Respondent __________ Mr. Mateen Shaikh a/w. Hassan Siddiqui for Applicant. Smt. M. M. Deshmukh, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE, JJ. DATE : 29 SEPTEMBER 2026 PC : 1. This is an application filed for modification of the order dated 04.11.2025 passed in Criminal Appeal No.612 of 2022. Vide the said order, the Applicant was directed to be enlarged on bail on certain conditions. The first condition was that, he had to execute PR bond in the sum of Rs.1,00,000/- with one or more solvent local sureties in the like amount, to the satisfaction of the learned Judge, NIA Court. There are in all eight other stringent conditions imposed on him including reporting to the Investigating agency and also not leaving the jurisdiction of the trial Court without prior Gokhale VINOD BHASKAR GOKHALE Digitally signed by VINOD BHASKAR GOKHALE Date: 2026.09.30 10:41:46 +0530 2 of 3 5-ia-3335-26 permission of the trial Court. 2. Learned counsel for the Applicant submitted that, he is a 67 year old senior citizen. He is originally from Bihar. He has no relative in Maharashtra. He is facing genuine difficulty in getting the local solvent sureties and, therefore, though he is granted bail vide the order dated 04.11.2025, almost for ten months he is unable to avail of the same. 3. Learned APP opposed modification of this condition on the ground that the offence is serious. 4. We have considered these submissions. The previous Division Bench of this Court considered the fact that the offence was serious and after taking into consideration the relevant circumstances, bail was granted on stringent conditions. However, the Applicant is unable to fulfil the first condition itself and, therefore, he continued to remain in custody in spite of bail order in his favour. Before passing of that order, he was in custody for about fourteen and half years and today he is in custody for more than 15 years. The trial is not likely to get over within a reasonable 3 of 3 5-ia-3335-26 time. In this situation, we are inclined to allow this application. We make it clear that, all the stringent conditions imposed on him by the previous order shall continue to operate. 5. Hence, the following order: O R D E R i) The order dated 04.11.2025 passed in Criminal Appeal No.612 of 2022 is modified, and clause 9(ii) now shall reads as follows: “9(ii) The Appellant be enlarged on bail, on his executing PR Bond in the sum of Rs.1,00,000/- with one or more solvent sureties in the like amount, to the satisfaction of the learned Judge, NIA Court.” ii) All the other conditions imposed by the said order shall remain in operation. iii) With these directions, the Application is disposed of. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)