16.BA.680.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.680 OF 2026 Mohammad Nawab Mohammad Akhtar Shah .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Ali Kashif Khan Deshmukh a/w. Ms. Snigdha Khandelwal, Mr. M. Farid Shaikh, Mr. Jafar Khan, Mr. Tauqeer Alam and Mr. Abrar Burondkar, Advocates for Applicant.  Ms. Shilpa G. Talhar, APP for Respondent. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 25, 2026 P.C. : 1. Heard Mr. Khan Deshmukh, learned Advocate for Applicant and Ms. Talhar, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 438 of the Criminal Procedure Code, 1973 seeking Bail in connection with C.R. No.339 of 2025 registered with Hadapsar Police Station for offences punishable under Sections 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 3. The present Application is filed on 13.02.2026. Series of orders have been passed. Though the Application initially was seeking bail on merits but what is prima facie observed and which is delineated by various orders passed by this Court as also the medical reports 1 of 7 16.BA.680.2026.doc called by this Court and having been placed on record show that the Applicant who is 35 years old is in a pitiable medical condition in view of his right knee being fractured for the past more than one and a half years. Though he has been referred to treatment at various intervals, the recent medical report dated 14.07.2026 highlights the condition of the Applicant who is recuperating in the Jail Hospital 4. Though Ms. Talhar would persuade me to consider the observations made in the said medical Report that at present the condition of the prisoner is stable and he is under treatment in the Yerwada Prison Hospital, Pune, in the facts and circumstances of the present case, I am unable to accept the said submission and rather comprehend the same since it is a standard statement stated in teh Report submitted before Court without proper application of mind. 5. The very report dated 14.07.2026 itself states that the orthopedic specialist had advised the Applicant to use long knee braces, for limb elevation, and has noted that Applicant may need operative intervention in future if pain doesn’t subside. Though the previous medical report of 31.03.2025 states that the Applicant is having linear mildly displaced fracture at posterior margin of the lateral plateau and undisplaced lateral tibial plateau with ACL tear and MCL tear of right knee, the Applicant was supposed to be referred to Sassoon General Hospital on 16.07.2026. 2 of 7 16.BA.680.2026.doc 6. What has happened thereafter is not placed before the Court by the prosecution. Whether he was taken to Sassoon Hospital or otherwise is not informed to the Court. From the details which are placed before the Court, prima facie one thing is very clear, that the Applicant is in a bad shape, unable to walk due to his right knee being completely torn and having a fracture therein and he has been managing this condition from February 2025 onwards pursuant to his accident in January 2025. 7. Applicant has no criminal antecedents. He is one of the two Accused persons who have been arrested in an NDPS offense, having been found with 58 grams of Mephedrone, the contraband. There are various grounds which are otherwise also taken in the Application but in so far as the Applicant's medical condition is concerned, this Court rather, the previous Bench of this Court dealing with the present roster has already taken cognizance of the Applicant's injury and had called for an appropriate report. 8. The report dated 14.07.2026 which has been referred to and alluded to hereinabove, has been duly taken cognizance thereof by this Court thereafter while passing order dated 14.07.2026. To the said report appended are the photocopies of the medical treatment papers of Sassoon General Hospital, Pune which the Applicant had undertaken from 31.03.2025 onwards. Though this Court is not an 3 of 7 16.BA.680.2026.doc expert in medical terminologies, but prima facie perusal of the said papers of Sassoon General Hospital show that the Applicant's right knee requires immediate treatment, since the applicant has carried on with the abberation and fracture for the past more than one year while been inside prison and now is admitted to the prison hospital. 9. In that view of the matter, I am inclined to release the Applicant on medical bail on the case made out by Mr. Khan Deshmukh on the basis of the documentary material placed before the Court. 10. Considering the aforesaid, Applicant is granted bail subject to following conditions:- (i) Applicant be released on bail, on furnishing a P.R. Bond of Rs.25,000/- and one or more sureties in the like amount; (ii) Applicant is released on medical bail. He shall get himself examined and checked in Sassoon General Hospital within one month from the date of his release after taking appropriate appointment with regard to his injury, surgery, treatment and rehabilitation. Applicant is directed to ensure that he undertakes corrective surgery on his right knee thereafter within 2 months of Doctor's advice. The Investigating Officer shall call 4 of 7 16.BA.680.2026.doc upon the Applicant every month to confirm his medical status and make a report of the same in his file. The Investigating Officer shall after three months consider the status of Applicant's surgery / operation / rehabilitation and make a report of the same and keep it in his record. If after three months, Applicant is in a position to lead a normal life and effectively mobile , the Investigating Officer shall make an appropriate report to the Court for seeking surrender / custody of the Applicant. If the Applicant requires more time for his rehabilitation, the Investigating Officer shall monitor the situation every month by calling upon the Applicant and depending upon the Applicant's medical status and mobility, make an appropriate Application to this Court for seeking his custody / surrender thereafter; (iii) Considering the Applicant's medical status and ailment, he is exempted from visiting the Police Station for the first three months until his operation / surgery / corrective surgery on his right knee is completed but the Investigating Officer is granted liberty to call upon the Applicant once every month to ascertain his medical status; 5 of 7 16.BA.680.2026.doc (iv) Applicant shall not leave the country without prior permission of the Court; (v) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vi) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; (vii) Applicant shall surrender his passport with the Investigating Officer of the concerned police station; (viii) Applicant shall not indulge in any activity similar to the activities on the basis of which the Applicant stands prosecuted; (ix) Applicant shall not try to establish communication with any co-accused or any other person involved directly or indirectly in similar activities, through any mode of communication; (x) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant; (xi) Liberty to prosecution to apply. 6 of 7 16.BA.680.2026.doc 11. It is clarified that the observations made in this order are limited for the purpose of granting medical bail only and I have not made any observations on merits of the case. In the meanwhile, the trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. Applicant can seek exemption from attending the Trial Court on the basis of his medical condition subject to his Advocate appearing on all dates before Trial Court. 12. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 7 of 7 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.25 21:23:49 +0530