Full Judgment Text
2026:BHC-AS:9193-DB
shiv/ssm 36-apeal1275.25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1275 OF 2025
Imran Khan Wajid Khan Pathan
Age : 44 years, Occu. Business
& Real Estate Agent,
R/o. Peer Burhan Nagar,
Chaitanya Nagar, Nanded,
(Presently lodged in Arthur Road
Prison, Mumbai.) …..Appellant
(Orig. Accused No.2.)
Vs.
The State of Maharashtra
(At the instance of I.O. ACP.,
A.T.S., Mumbai) …..Respondent
__________________________________________
Mr. Mihir Desai, Senior Advocate a/w Adv. Ishrat Ali Khan, Adv. Tarannum
Ara, Adv. Mohammed Ahmed Khan, Adv. Nabeel Junaid Khan, Adv. Zikra S.
Ansari, Adv. Alisha N. Khan and Adv. Saniya Khan for the Appellant.
Mr. Ajay S. Patil, APP for the Respondent-State.
Mr. Mohan Dongare, PSI, A.T.S. Pune present.
__________________________________________
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
th
DATE : 13 FEBRUARY, 2026.
JUDGMENT (Per A.S. Gadkari, J.) :-
1) This is an Appeal under Section 21(4) of National Investigation
Agency Act (for short, “NIA Act”) by the Original Accused No.2, impugning
th
the Order dated 9 October, 2025, passed below Exh-553, in MCOC Special
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Case No.7 of 2013, rejecting his application for bail, under Section 439 of
Cr.P.C.
1.1) Appellant is original Accused No. 2 in the said MCOC Special
Case No. 7 of 2013, which is culmination of investigation of C.R. No.9 of
2012, by the ATS Police Station, Mumbai (originally registered as C.R.
No.168 of 2012 with Deccan Police Station Pune), for the offences
punishable under Sections 307, 435 and 120-B of the Indian Penal Code
(IPC) read with Sections 3, 4 and 5 of the Explosive Substances Act, read
with Sections 3, 25 of the Arms Act, read with Sections 16(1) (b), 18, 20,
23, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967
Amendment 2008, read with Sections 3(1) (ii), 3(2), 3(4) of the
Maharashtra Control of Organised Crime Act, 1999 (MCOC Act).
2) Heard Mr. Desai, learned senior Advocate for the Appellant and
Mr. Patil, learned APP for the Respondent-State. Perused record.
3) It is an admitted fact on record that, the Appellant is arrested
th
on 20 December, 2012 in the present crime and is behind the bars for last
more than 13 years and 1 month. Record indicates that, the charge against
rd
the Appellant has been framed on 23 December, 2022. The prosecution
has submitted a list of more than 170 witnesses in support of its case. That,
as of today the prosecution has examined 50 witnesses and about 120
witnesses are yet to be examined.
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4) The co-accused, Munib Iqbal Memon (Org. Accused No.5) and
Farooq Shaukat Bagwan (Org. Accused No.6) have been directed to be
th th
released on bail by the Judgments dated 20 September, 2024 and 9
September, 2025 respectively, predominantly on the ground of prolonged
incarceration without trial. The reasons for their release on bail have been
elaborately stated in their respective Judgments and repetition of it is
hereby avoided for the sake of brevity.
5) Perusal of record further clearly indicates that, the Appellant is
similarly situated as Farooq Shaukat Bagwan (A No.-6) and Munib Iqbal
Memon (A.No.5) on the point of prolonged incarceration without trial and
therefore he is entitled to claim parity with the said two accused.
6) In view thereof, the Appellant is entitled to be released on bail
during the pendency of his trial.
Hence, the following Order:-
th
(i) The impugned Order dated 9 October, 2025, passed by
the learned Special Judge under MCOC Act, City Civil
and Sessions Court, Greater Mumbai below Exhibit-553
in MCOC Special Case No.7 of 2013, is quashed and set
aside.
(ii) Appellant be enlarged on bail, on his executing PR bond
in the sum of Rs.1,00,000/- with one or more solvent
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local sureties in the like amount, to the satisfaction of the
learned Judge, NIA Court.
(iii) After his release from jail, Appellant shall report to the
office of the ATS, Mumbai (Respondent), on the first
Saturday of every month from 10.00 a.m. to 12.00 noon,
till the conclusion of the trial.
(iv) Appellant shall not, either himself or through any other
person, tamper with the prosecution evidence and give
threats or inducement to any of the prosecution
witnesses.
(v) Appellant shall not leave the jurisdiction of districts
Mumbai and Pune till the conclusion of the trial, without
the prior permission of the NIA Court i.e. the trial Court.
(vi) Appellant shall surrender his passport, if any, before the
NIA Court, before his actual release from jail.
(vii) Appellant shall inform his latest place of residence and
mobile contact number immediately after being released
and/or change of residence or mobile details, if any, from
time to time to the Court seized of the matter and to the
Investigating Agency i.e. the Respondent herein.
(viii) Appellant to co-operate in conducting the trial of present
case and attend the trial Court on all dates, unless
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specifically exempted.
(ix) Appellant shall file an undertaking with regard to clauses
(iii) to (viii) before the trial Court, within two weeks of
his release.
(x) If there is breach of any of the aforesaid conditions, the
prosecution will be at liberty to seek cancellation of the
Appellant's bail.
7) Appeal is allowed in the aforesaid terms.
8) It is made clear that, the observations made herein are prima
facie and the learned Special Judge shall decide the case on its own merits,
in accordance with law, uninfluenced by the observations made in this
judgment.
9) All concerned to act on an authenticated copy of this
Judgment.
(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.)
Digitally signed
by SANJIV
SHARNAPPA
MASHALKAR
Date:
2026.02.23
19:42:55 +0530
SANJIV
SHARNAPPA
MASHALKAR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1275 OF 2025
Imran Khan Wajid Khan Pathan
Age : 44 years, Occu. Business
& Real Estate Agent,
R/o. Peer Burhan Nagar,
Chaitanya Nagar, Nanded,
(Presently lodged in Arthur Road
Prison, Mumbai.) …..Appellant
(Orig. Accused No.2.)
Vs.
The State of Maharashtra
(At the instance of I.O. ACP.,
A.T.S., Mumbai) …..Respondent
__________________________________________
Mr. Mihir Desai, Senior Advocate a/w Adv. Ishrat Ali Khan, Adv. Tarannum
Ara, Adv. Mohammed Ahmed Khan, Adv. Nabeel Junaid Khan, Adv. Zikra S.
Ansari, Adv. Alisha N. Khan and Adv. Saniya Khan for the Appellant.
Mr. Ajay S. Patil, APP for the Respondent-State.
Mr. Mohan Dongare, PSI, A.T.S. Pune present.
__________________________________________
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
th
DATE : 13 FEBRUARY, 2026.
JUDGMENT (Per A.S. Gadkari, J.) :-
1) This is an Appeal under Section 21(4) of National Investigation
Agency Act (for short, “NIA Act”) by the Original Accused No.2, impugning
th
the Order dated 9 October, 2025, passed below Exh-553, in MCOC Special
1/5
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Case No.7 of 2013, rejecting his application for bail, under Section 439 of
Cr.P.C.
1.1) Appellant is original Accused No. 2 in the said MCOC Special
Case No. 7 of 2013, which is culmination of investigation of C.R. No.9 of
2012, by the ATS Police Station, Mumbai (originally registered as C.R.
No.168 of 2012 with Deccan Police Station Pune), for the offences
punishable under Sections 307, 435 and 120-B of the Indian Penal Code
(IPC) read with Sections 3, 4 and 5 of the Explosive Substances Act, read
with Sections 3, 25 of the Arms Act, read with Sections 16(1) (b), 18, 20,
23, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967
Amendment 2008, read with Sections 3(1) (ii), 3(2), 3(4) of the
Maharashtra Control of Organised Crime Act, 1999 (MCOC Act).
2) Heard Mr. Desai, learned senior Advocate for the Appellant and
Mr. Patil, learned APP for the Respondent-State. Perused record.
3) It is an admitted fact on record that, the Appellant is arrested
th
on 20 December, 2012 in the present crime and is behind the bars for last
more than 13 years and 1 month. Record indicates that, the charge against
rd
the Appellant has been framed on 23 December, 2022. The prosecution
has submitted a list of more than 170 witnesses in support of its case. That,
as of today the prosecution has examined 50 witnesses and about 120
witnesses are yet to be examined.
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4) The co-accused, Munib Iqbal Memon (Org. Accused No.5) and
Farooq Shaukat Bagwan (Org. Accused No.6) have been directed to be
th th
released on bail by the Judgments dated 20 September, 2024 and 9
September, 2025 respectively, predominantly on the ground of prolonged
incarceration without trial. The reasons for their release on bail have been
elaborately stated in their respective Judgments and repetition of it is
hereby avoided for the sake of brevity.
5) Perusal of record further clearly indicates that, the Appellant is
similarly situated as Farooq Shaukat Bagwan (A No.-6) and Munib Iqbal
Memon (A.No.5) on the point of prolonged incarceration without trial and
therefore he is entitled to claim parity with the said two accused.
6) In view thereof, the Appellant is entitled to be released on bail
during the pendency of his trial.
Hence, the following Order:-
th
(i) The impugned Order dated 9 October, 2025, passed by
the learned Special Judge under MCOC Act, City Civil
and Sessions Court, Greater Mumbai below Exhibit-553
in MCOC Special Case No.7 of 2013, is quashed and set
aside.
(ii) Appellant be enlarged on bail, on his executing PR bond
in the sum of Rs.1,00,000/- with one or more solvent
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local sureties in the like amount, to the satisfaction of the
learned Judge, NIA Court.
(iii) After his release from jail, Appellant shall report to the
office of the ATS, Mumbai (Respondent), on the first
Saturday of every month from 10.00 a.m. to 12.00 noon,
till the conclusion of the trial.
(iv) Appellant shall not, either himself or through any other
person, tamper with the prosecution evidence and give
threats or inducement to any of the prosecution
witnesses.
(v) Appellant shall not leave the jurisdiction of districts
Mumbai and Pune till the conclusion of the trial, without
the prior permission of the NIA Court i.e. the trial Court.
(vi) Appellant shall surrender his passport, if any, before the
NIA Court, before his actual release from jail.
(vii) Appellant shall inform his latest place of residence and
mobile contact number immediately after being released
and/or change of residence or mobile details, if any, from
time to time to the Court seized of the matter and to the
Investigating Agency i.e. the Respondent herein.
(viii) Appellant to co-operate in conducting the trial of present
case and attend the trial Court on all dates, unless
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specifically exempted.
(ix) Appellant shall file an undertaking with regard to clauses
(iii) to (viii) before the trial Court, within two weeks of
his release.
(x) If there is breach of any of the aforesaid conditions, the
prosecution will be at liberty to seek cancellation of the
Appellant's bail.
7) Appeal is allowed in the aforesaid terms.
8) It is made clear that, the observations made herein are prima
facie and the learned Special Judge shall decide the case on its own merits,
in accordance with law, uninfluenced by the observations made in this
judgment.
9) All concerned to act on an authenticated copy of this
Judgment.
(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.)
Digitally signed
by SANJIV
SHARNAPPA
MASHALKAR
Date:
2026.02.23
19:42:55 +0530
SANJIV
SHARNAPPA
MASHALKAR
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