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CDJ 2026 SC 324 print Preview print print
Court : Supreme Court of India
Case No : Criminal Appeal No. 226 of 2026 [Arising out of SLP (Crl) No. 19599 of 2025]
Judges: THE HONOURABLE MR. JUSTICE MANOJ MISRA & THE HONOURABLE MR. JUSTICE MANMOHAN
Parties : Shahid Salim Khan Versus State of Maharashtra\r\n
Appearing Advocates : For the Petitioner: ------ For the Respondent: ------
Date of Judgment : 13-01-2026
Head Note :-
Subject
Judgment :-

1. Leave granted.

2. Heard learned counsel for the parties.

3. This appeal arises from an order of the Bombay High Court, dated 17.12.2024, rejecting the regular bail prayer of the appellant in connection with FIR No.13 of 2022 registered with ATS Kalachowki Police Station, Mumbai.

4. At the outset, the learned counsel for the appellant submitted that the appellant has suffered incarceration for a period exceeding three years and six months and charges are yet to be framed.

5. It has also been submitted that all co-accused have been granted bail on ground of delay in trial.

6. The learned counsel for the State submits that case of the appellant is distinguishable from the other co-accused as from the house of the appellant, contraband was recovered. However, he could not dispute that the appellant has suffered incarceration of a period exceeding three years and six months and charges are yet to be framed.

7. Having regard to the long delay in commencement of trial and the appellant having suffered incarceration of over three years and six months, bearing in mind that all co-accused have been admitted to bail, one of them under order of this Court dated 15.10.2025 passed in Criminal Appeal No.4514/2025, we are of the view that the appellant is also entitled to be released on bail, at this stage.

8. Consequently, the appeal is allowed. The order of the High Court rejecting the bail prayer of the appellant is set aside.

9. The appellant shall be released on bail on such terms and conditions as the trial court may deem fit to impose in the facts and circumstances of the case.

10. Pending application(s), if any, shall also stand disposed of.

 
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