Asad Khan Jamshed Ali Khan @ Jaheed @ Kaka @ Mohammed @ Aadil v. the State of Maharashtra
Bail – prolonged incarceration without trial – parity with co-accused
Case brief
What is this about?
Asad Khan Jamshed Ali Khan @ Jaheed @ Kaka @ Mohammed @ Aadil v. The State of Maharashtra, Bombay High Court Criminal Appeal No. 319 of 2026 (decided 16.04.2026; A.S. Gadari/Kamal Khata JJ., per Gadkari J.) - bail granted to accused in ATS/MCOC-UAPA case (MCOC Special Case No.7 of 2013; C.R. No.9 of 2012) on grounds of prolonged incarceration of over 13 years (arrested 20.12.2012; charge framed 23.12.2022; only 17 of 316+ witnesses examined) and parity with co-accused Memon, Bagwan and Pathan already released; S.21(4) NIA Act appeal against S.439 CrPC bail rejection below Exh-686; impugned order quashed; PR bond Rs.1,00,000 with conditions (monthly ATS reporting, no tampering, travel restricted to Mumbai/Pune, passport surrender, undertaking in two weeks); observations prima facie. Keywords: prolonged incarceration without trial, parity, speedy trial, MCOC Act bail, UAPA, NIA Act appeal, bail conditions, quashing of bail rejection order.