MOHAMMED ZAID AFZAL MUKHTAR AHMED SHAIKH v. STATE OF MAHARASHTRA AND ANR
ABA/2037/2026 · 2026-09-21
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9427 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9427 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1-ABA-2037-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2037 OF 2026 Mohammed Zaid Afzal Mukhtar Ahmed Shaikh …Applicant Versus The State of Maharashtra And Anr. …Respondents Adv. Rohan Surve i/b Adv. Swati Dube a/w Adv. Fareen Saba Yakub Shaikh and Adv. Siddhesh Balsaraf, for Applicant. Mr. Arfan Sait, A.P. P., for Respondent – State. Adv. Ashish Verma (Through V.C.), for Respondent No.2. API Machindra Kolhe, Bhiwandi City Police Station, Thane, is present.
CORAM :
PRAFULLA S. KHUBALKAR, J.
DATE :
21ST SEPTEMBER 2026 P. C:-
1. Heard learned counsel for the applicant as well as learned APP for respondent-state.
2. After the learned APP pointed out that the applicant has not disclosed the criminal antecedents in the instant application on affidavit but on the contrary has made a statement that the applicant has no criminal antecedents, learned counsel for the applicant, on instructions, seeks permission to withdraw the instant application with liberty to file fresh application by 21st September 2026
1-ABA-2037-2026.ODT disclosing all the criminal antecedents of the applicant on affidavit.
3.
Learned counsel for applicant submits that the application was earlier filed by another advocate and on the basis of instructions given to him the statement about absence of criminal antecedents was made. He also submits that in support of the application an affidavit of the sister of the applicant is filed subsequently disclosing all the criminal antecedents. Since the affidavit of the sister with respect to criminal antecedents is objected to by learned APP, learned counsel for applicant prays for permission to file fresh application on affidavit of the applicant himself. He also points out that an interim protection
order is operating since 30th July 2026 and accordingly the applicant has attended the police station and has not misused the liberty and therefore he prays for continuation of the same protection till filing of the fresh application.
4. Considering the fact that the applicant has not disclosed all the criminal antecedents on affidavit in accordance with
judgment of Hon’ble Supreme Court in the matter of Zeba Khan Vs. State of U.P. and Ors., reported at 2026 SCC Online SC 188, the applicant is permitted to withdraw the instant application 21st September 2026
1-ABA-2037-2026.ODT with liberty to file a fresh application after disclosing all the criminal antecedents. It is however ordered that the interim protection granted by order dated 30th July 2026 shall operate for a period of three days from today i.e. till 24th September 2026 and it shall come to an end on that day automatically.
5. It is also clarified that, fresh application for Anticipatory Bail, if any, filed by the applicant will be considered on its own merits independently.
6. Accordingly, the instant Application is disposed of as withdrawn with liberty as prayed for.
(PRAFULLA S. KHUBALKAR, J.) VDMokal/- 21st September 2026