Dismissed¶21

Mohammad Sameer Gulam Husain Shaikh v. State of Maharashtra

Bombay HC7 Mar 2026BA/928/2026

Case brief

AI extract

What is this about?

Mohd. Sameer Gulam Husain Shaikh v. State of Maharashtra; Criminal Bail Application No.928 of 2026; High Court of Judicature at Bombay (R.M. Joshi, J.); decided 7th March 2026; bail application dismissed — no change in circumstances since rejection of earlier Bail Application No.4591 of 2025 (order dated 10th December, 2025); co-accused Nos. 5, 6, 7 and 9 granted bail by Trial Court prior to the earlier order; subsequent bail application entertainable only on change in circumstances; High Court cannot review its own earlier order directly or indirectly; offences punishable under Sections 331(4), 305(a), 3(5) of BNS; Crime No.678 of 2025, Pant Nagar Police Station.

What did the court decide?

A subsequent bail application can be entertained only in case of a change in circumstances. ¶21

Mohammad Sameer Gulam Husain Shaikh vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.928 OF 2026

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Mohd. Sameer Gulam Husain Shaikh ...Applicant V/s. State of Maharashtra ...Respondent

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Ms.Shaikh Afreen Bano for the Applicant.

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Mrs.S.D. Shinde, APP for the State - Respondent.

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CORAM : R.M. JOSHI, J. DATE : 7TH MARCH, 2026.

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P.C. :-

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Learned APP waives service on behalf of the State.

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She is ready to work out the matter.

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This application is for enlargement of bail in connection with Crime No.678 of 2025 registered with Pant Nagar Police Station for the offences punishable under Sections 331 (4), 305 (a), 3 (5) of BNS.

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Learned counsel for the Applicant submits that co-

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accused Nos.5, 6,7 and 9 are granted bail by the Trial Court. It is her submission that this Court while rejecting Bail Application No.4591 of 2025, granted liberty to the Applicant to file fresh application before the Trial Court. She submits that in view of the said liberty, application was filed but Trial Court has rejected the bail application. According to her in such case, the present bail deserves to be entertained.

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Learned APP opposes the said contention by pointing out the fact that the bail was granted to the co-accused Nos. 5, 6, 7 and 9 prior to 10^th December, 2025 i.e. the order passed by this Court in Bail Application No.4591 of 2025 filed by the present Applicant. It is her submission that this Court therefore has declined to grant relief even after considering the fact that the bail was granted to the co-accused and hence it is not open for this Court to pass any order which would amount to reviewing earlier order.

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The question arises here is as to whether there is any change in circumstance after passing of the order dated 10^th December, 2025 by this Court in the previous application filed

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by the present Applicant. It is only in case of change in circumstances subsequent bail application could be entertained. Admittedly, the co-accused are granted bail before passing of the order on 10^th December, 2025. It is not case of Applicant that the said fact was not within the knowledge of this Court while rejecting the application. It is therefore clear that inspite of the fact of grant of bail to co-accused, application for bail of present Applicant was rejected. Consequently there is no change in circumstance to entertain the fresh application. It is not open for this Court to review order passed on 10^th December, 2025 directly or even indirectly. Having regard to the afore stated facts, this Court has no other option but to dismiss the Application. Hence the Bail Application stands dismissed.

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Mohammad Sameer Gulam Husain Shaikh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mohammad Sameer Gulam Husain Shaikh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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