Final Order 1

Order Details: Bail Order
Pdf Text: 1 BAIL APPLICATION NO. 1135/BA/2026
IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
19TH COURT ESPLANADE, MUMBAI
R.A. NO. 468 OF 2026
Mrs. Shahin Salauddin Shaikh … Applicant/accused
V/s.
Union of India Through
DRI, Mumbai ...Respondent
ORDER BELOW DEFAULT BAIL APPLICATION
1] The applicant/accused has filed this application for
statutory bail u/sec 187 (3) (ii) of the BNSS, 2023.
2] It is stated that, applicant/accused was arrested on
19.05.2026 and produced before the court on the same day for the
alleged offences punishable under section 135 (1) (i) of the Customs
Act, 1962. From her date of production on 19.05.2026 sixty days have
elapsed. The prosecution has failed to file complaint against her. She is
ready and willing to furnish bail. So she is entitled to release on bail.
Therefore this application.
3] On filing application report of judical clerk was called. It is
submitted that till today department has not filed complaint against
accused and from the date of first production till today 60 days are
already completing. Ld. Special PP Mr. R. K. Pathak filed his reply and
resisted the application. It has been contended on behalf of DRI that,
the prosecution against accused could not be launched as investigation
is still going on and adjudication proceeding is yet to be commenced. It
has been contended that, the complaint would be file as per the
guidelines of the department.
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2 BAIL APPLICATION NO. 1135/BA/2026
4] Perused application, report of Judical Clerk and proceeding
of RA No. 468/2026. Heard Ld. Advocate for applicant/accused and Ld.
Special PP Shri. R. K. Pathak. It is not out of record to mention that,
applicant/accused was produced before the court under arrest on
19.05.2026 and remanded in judicial custody for the offence under
section 135 of the Customs Act, 1962. The punishment provided for the
offence under section 135 of the Customs Act, 1962 is for a term which
may extend to 7 years.
5] It is provided in section 187 (3) (ii) of the BNSS, 2023 that, if the
investigation of the offence is not completed within period of 60 days in
which investigation is related to any other offence than the offence
punishable with death, imprisonment for life or imprisonment for term
not less than 10 years the accused is required to be released on bail if
she is prepared to and does furnish bail. In the present case from the
date of first production of applicant/accused i.e. 19.05.2026 till today
60 days are already passed. Here the investigation of the offence is not
completed, complainant has not filed the complaint. The
accused/applicant is ready to furnish surety. Thus she is entitled for
statutory bail as provided in section 187 (3) (ii) of the BNSS, 2023.
Hence I pass following order:--
ORDER
i. Application is allowed.
ii. Applicant/accused Mrs. Shahin Salauddin Shaikh be released on
bail on her executing P. R. Bond of Rs. 1,00,000/- (Rs. One Lac Only)
with one surety in like amount.
iii. She shall not influence and tamper with the prosecution
witnesses and evidence. She shall co-operate for further investigation of
the case.
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3 BAIL APPLICATION NO. 1135/BA/2026
iv. She is directed to remain present as and when called by
respondent in connection with investigation of this offence under
written intimation, till further investigation is completed or till further
order.
v. She shall surrender her passport to the respondent for the period
of six months from the date of her arrest before the respondent. The
department to return passport to her after said period with due
acknowledgment without any reference to the court.
vi. She shall take prior permission of the court for travelling abroad.
vii. She shall furnish her residential address with proof, E-mail and
telephone/mobile number to the Court and to the Department. She
shall not change said addresses, telephone/mobile number without
prior intimation in writing to the Court and concern Department.
viii. She shall furnish address and mobile number of two of her
nearest relatives with their consent to the Court and department
alongwith their address proof for contacting them if she failed to
appear during further investigation before respondent and during trial
of the case.
ix. The Affidavit, as directed by Hon’ble Supreme Court in the case of
Zeba Khan V/s State of Uttar Pradesh in Criminal Appeal No. 825/2026
(Arising out of SLP Criminal No. 12669 of 2025) will be part and parcel
of this bail order.
x. The bail application bearing no. 1135/BA/2026 stands disposed off
being allowed.
(Smt. Anuradha A. Pandule)
Date :18.07.2026 Additional Chief Judicial Magistrate,
19th Court, Esplanade, Mumbai.
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