Sajida Majhar Hussain Shaikh Alias Sajida Majhar Hussain Shah v. Central Bureau Of Investigation And ORS
WAKLE MANOJ JANARDHAN WAKLE MANOJ JANARDHAN Date: 2025.12.23 10:14:52 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.429 OF 2025 Sajida Majhar Hussain Shaikh alias Sajida Majhar Hussain Shah ...Applicant V/s.
Central Bureau of Investigation & Anr.
...Respondents
Ms. Neetu Singh, for the Applicant.
Mr. Kuldeep Patil a/w Mr. Sumitkumar Nimbalkar, for the Respondent No.1-CBI.
Mr. Tanveer Khan, APP for the Respondent-State. CORAM : SHYAM C. CHANDAK, J.
DATED : 18th DECEMBER, 2025 P.C. :- .
The learned Counsel for the Applicant seeks leave to amend the prayer clause to add the prayer seeking quashing and setting aside of the impugned Order.
2) Leave to amend is granted.
3) Amendment to be carried out forthwith.
4) Heard Ms. Singh, the learned Counsel for the Applicant, Mr. Patil, the learned Counsel for the Respondent No.-1 and Mr. Khan, the learned APP for the Respondent-State.
5) The facts giving rise to this Application are that, by Order dated 20.06.2025, the Applicant was granted bail by the trial Court in Remand Application No.657 of 2025 arising out of an offence registered by CBI i.e., RC 2182025A0012, the condition No.2 in the Bail Order is as under:- 1/3
"2] Applicant/accused Ms. Sajida Majhar Hussain Shah be released on bail on her executing solvent surety and Personal Bond in the amount of Rs.1,00,000/- (Rupees One Lakh Only)."
6) The learned Counsel for the Applicant submits that, later on, the Applicant was permitted to deposit Rs.1,00,000/- in lieu of furnishing the surety. However, the Applicant has been facing great difficulty in arranging the surety to comply with the aforesaid Bail Order. Therefore, the Applicant filed a Miscellaneous Application No.1350 of 2025 with several prayers. One of the prayers was to modify the condition No.2 of the Bail Order thereby substituting the words "solvent surety" with the words "one or more sureties". However, by the impugned Order dated 28.10.2025, the learned Judge of the trial Court rejected that Application, observing that, the bail bond amount has been fixed with due consideration. Already, the Applicant has been released on executing his P.R. Bond and depositing cash Rs.1,00,000/-in lieu for furnishing the surety.
7) Learned Counsel for the Applicant submits that, the Applicant is finding it very difficult to furnish the surety bond matching the Bail Order. She submits that one of the considerations for bail was that the Applicant is not likely to abscond.
8) In the wake of above, I am inclined to allow the Application. Hence, the following Order:- 2/3
:: ORDER ::
(i) Application is allowed.
(ii) The impugned Order dated 28.10.2025 in Miscellaneous Application No.1350 of 2025, is set aside.
(iii) The Miscellaneous Application No.1350 of 2025 is partly allowed.
(iv) The Condition No.2 in the Bail Order dated 20.06.2025 below Exh.6 in Remand Application No.657 of 2025 is modified as under:- (a) The Applicant/accused Ms. Sajida Majhar Hussain Shah be released on bail on her executing Personal Bond in the amount of Rs.1,00,000/- with one or more sureties in the like amount.
(v) Application stands disposed of.
(SHYAM C. CHANDAK, J.) 3/3