Shahjadi Miraj Shaikh @ Papa v. State of Maharashtra and Anr.

Bombay HC14 Feb 2025BA/483/2024

Case brief

AI extract

What is this about?

NDPS Act bail; urgent hearing sought on medical grounds; accused mother of four minor children (three minors); long incarceration exceeding 2 years, 2 months and 14 days; medical report dated 09.02.2024; referral to Sir J. J. Group of Hospital; liberty to approach Vacation Bench; matter adjourned to 27-06-2025; Bombay High Court, Criminal Appellate Jurisdiction; single judge Milind N. Jadhav; order dated 06-05-2025; connected Bail Application No.4278 of 2024 with no counsel for applicant.

What did the court decide?

Liberty granted to the Applicant in Bail Application No.483 of 2024 to move the Vacation Bench if so desired; matter stood over to 27th June, 2025. ¶¶24

Shahjadi Miraj Shaikh @ Papa vs State of Maharashtra and Anr. — Narcotics (NDPS) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to the Applicant in Bail Application No.483 of 2024 to move the Vacation Bench if so desired; matter stood over to 27th June, 2025.

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Issue for consideration

Whether directions should be issued on the Bail Application moved for urgent hearing on the ground of the medical ailment of the Applicant in Bail Application No.483 of 2024. +1 more

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Court's answer

Prima facie, as per the medical report dated 09.02.2024, the Applicant in Bail Application No.483 of 2024 is suffering from a medical ailment, but her condition is stable after referral to Sir J. J. Group of Hospital.

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Ratio / Principle

Considering that the Applicant has four minor children (out of which three are minor) to provide care and support, and her long incarceration of more than 2 years, 2 months and 14 days in the NDPS Act offence, liberty is granted to the Applicant to move the Vacation Bench if so desired.

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Detailed headnote1 paragraphs

Bombay High Court (Milind N. Jadhav, J.), order dated 06.05.2025 in Bail Application No.483 of 2024 (Shahjadi Miraj Shaikh @ Papa v. The State of Maharashtra and Anr.), heard along with Bail Application No.4278 of 2024 (Nizamuddin Pirmohammad Ansari @ Ayan v. The State of Maharashtra and Anr.). The application had been moved for urgent hearing on the ground of the medical ailment of the Applicant in BA 483/2024. The Court noted prima facie, per a medical report dated 09.02.2024, that the Applicant suffered a medical ailment but her condition was stable after referral to Sir J. J. Group of Hospital. Observing that the Applicant had four minor children (three of them minors) to provide care and support, and had been incarcerated for more than 2 years, 2 months and 14 days in an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, the Court granted the Applicant liberty to move the Vacation Bench if so desired and stood the matter over to 27th June, 2025. No one appeared for the Applicant in Bail Application No.4278 of 2024.

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19.BA.483.2024+.doc

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HARSHADA H. SAWANT (P.A.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.483 OF 2024

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Shahjadi Miraj Shaikh @ Papa .. Applicant

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Versus The State of Maharashtra and Anr. .. Respondents

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WITH BAIL APPLICATION NO.4278 OF 2024

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Nizamuddin Pirmohammad Ansari @ Ayan .. Applicant Versus The State of Maharashtra and Anr. .. Respondents

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Mr. Atul Sarpande a/w. Mr. Nilesh Bangar, Advocates for Applicant in Bail Application No.483 of 2024.

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Mr. Sukanta A. Karmakar, APP for Respondent in Bail Application No.483 of 2024.

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None for Applicant in Bail Application No.4278 of 2024.

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Mr. Rushikesh M. Pethe, APP for Respondent in Bail Application No.4278 of 2024.

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PI – Santosh Salunkhe, ANC Worli Mumbai.

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CORAM : MILIND N. JADHAV, J. DATE : MAY 06, 2025

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P.C.:

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1. Heard Mr. Sarpande, learned Advocate for Applicant in Bail

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Application No.483 of 2024; Mr. Karmakar, learned APP for Respondent in Bail Application No.483 of 2024 and Mr. Pethe, learned APP for Respondent in Bail Application No.4278 of 2024.

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2. Bail Application was kept for direction in view of the same

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having been moved for urgent hearing on the ground of medical

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1 of 2

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19.BA.483.2024+.doc

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ailment of Applicant in Bail Application No.483 of 2024. Prima facie, medical report dated 09.02.2024 states that Applicant is suffering from medical ailment but her condition is stable after she having been referred to Sir J. J. Group of Hospital.

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3. Further it is seen that Applicant is having four minor children to provide care and support out of which three are minor and therefore considering her long incarceration for more than 2 years, 2 months and 14 days in an offence under Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘ NDPS Act ’) in the present case, liberty is granted to Applicant to move the Vacation Bench if so desired.

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4. Stand over to 27^th June, 2025 .

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H. H. SAWANT

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[ MILIND N. JADHAV, J. ]

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Digitally signed by HARSHADA HARSHADAHANUMANTSAWANT HANUMANTSAWANTDate:2025.05.07 10:28:55 +0530

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Shahjadi Miraj Shaikh @ Papa v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shahjadi Miraj Shaikh @ Papa v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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