29.BA.292.2026.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.292 OF 2026 Shaikh Tanveer Mohammed Shafi .. Applicant Versus Union Of India And Anr. .. Respondents ....................  Mr. Anish Pereira a/w. Mr. Aryan K. Kotwal, Mr. Taraq Sayed and Ms. Ashwini Acharii, Advocates for Applicant.  None for Respondent No.1.  Mr. Amit A. Palkar, APP for Respondent No.2 – State. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 01, 2026 P.C. : 1. Heard Mr. Pereira, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent No.2 - State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.8 of 2024 registered with Narcotics Control Bureau, Mumbai Zonal Unit, Mumbai for offences punishable under Sections 8(c) read with Section 21(c), 22(c), 28 and 29 of the Narcotics Drugs and Psychotropic Substance Act, 1985. 3. On 27.08.2026, the following order was passed:- “1. Heard Mr. Pereira, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent No.2 - State. 2. Papers which are submitted before the Court for grant of medical bail which prima facie relates to admission and discharge from JJ Group of Hospital which has recommended that Applicant is 1 of 6 29.BA.292.2026.doc suffering from ischemic heart disease as also three to four other issues which are stated in the diagnosis given by Dr. Anant R. Mundhe, Unit Head of Department of Cardiology Sir J.J.Group of Hospital. 3. Mr. Pereira informs the Court that Applicant is desirous of seeking medical treatment namely angioplasty / angiography or any other related treatment to combat his heart ailments which are certified in the discharge summary report alluded to hereinabove. 4. I have perused the papers which are appended to the praecipe. To the extent of grant of medical bail for enabling the Applicant to undergo medical treatment, I am inclined to allow the Applicant medical bail as a prima facie case is made out. 5. However, when the matter is called out as usual Union of India is unrepresented and not present. I give one final opportunity to Union of India to remain present. The State of Maharashtra is present but informs the Court that it is the Union of India who is the principal contesting Respondent. 6. A copy of this order shall be served on Union of India and appropriate affidavit-of-service of having been served by any permissible mode of service be shown to the Court on the next adjourned date. Subject to serving the Union of India, this Court will pass appropriate order to grant medical bail as requested by the Applicant on the next adjourned date. 7. The Jail Hospital shall confirm the aforesaid Medical report and accordingly apprise the Court through the learned APP about the Medical status of the Applicant in jail. 8. Stand over to 01st September, 2026. To be placed under the caption ‘First on Board’ for medical bail.” 4. Carrying further and to what is stated in the aforesaid order, matter is listed today. Union of India as usual despite having been served are not present in Court. In so far as the State is concerned, specific directions were given to the State with regard to Jail Hospital to confirm the medical report and apprise the Court accordingly. 5. Mr. Palkar persuades the Court to consider the request for seeking medical bail and in that view of the matter Applicant having been admitted and discharged from medical hospital and 2 of 6 29.BA.292.2026.doc recommendations given by the said Hospital for the immediate medical treatment namely angioplasty / angiography to combat Applicant’s heart ailment. He would persuade the Court he is in possession of medical report of Applicant of the month of April which is already placed on record and pass appropriate order. 6. The aforesaid order dated 27.08.2026 is prima facie conclusive in so far as the medical issue of Applicant is concerned. The directions in paragraph Nos.6 and 7 though stands complied with Union of India is not present before the Court. 7. In view of medical papers with regard to admission and discharge of Applicant which has been placed before me on the basis of which the aforesaid order was passed, I have no reason to disbelieve the same. The said papers are corroborated by learned APP, who has placed the prisoner’s medical report dated 08.04.2026 before this Court earlier and even relies upon it today as per his instructions. Having gone through said report and the medical treatment required by Applicant, I am inclined to grant medical bail to the Applicant for the limited period of four months from today. Needless to state that Applicant shall get himself examined by his Doctors or at J.J.Group of Hospital forthwith within a period of two weeks from the date of his release and intimate his condition and the treatment he shall be undertaking to the concerned Investigating Officer. Investigating 3 of 6 29.BA.292.2026.doc Officer shall keep the same on record and is directed to call on the Applicant every month thereafter at his place of residence and register his status. The present order for grant of medical bail is for four months only during which the heart treatment shall be undertaken by Applicant in the aforesaid period and Applicant shall thereafter surrender after four months to the Jail Authorities. 8. Considering the aforesaid, Applicant has made out case for grant of medical bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison for a period of four months in connection with Crime No. 8 of 2024; (ii) Applicant, is ordered to be released on bail on cash bail of Rs.50,000/- (Rs. Fifty Thousand only) and shall furnish one or two sureties of the like amount within a period of four weeks from today; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any 4 of 6 29.BA.292.2026.doc unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) 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; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 9. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. 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. 10. Needless to state that leave and liberty is granted to Applicant to file fresh Application on merits in future. 5 of 6 29.BA.292.2026.doc 11. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 6 of 6 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.01 15:19:51 +0530