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Bombay High CourtAPPLN/23/2026disposed off

Ganesh Poonamchand Dhole v. The State Of Maharashtra

2026-02-18Hon'Ble Shri Justice Shivkumar Dige2 pages

13- Appln 23 of 2026.doc Tikam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 23 OF 2026 VAISHALI ANIL TIKAM Ganesh Poonamchand Dhole ...Applicant Vs.

The State of Maharashtra

...Respondent

by VAISHALI ANIL TIKAM Date:

2026.02.23 18:44:56 +0530 _________________________________________________________________ Mr. Chinmay Patil, Advocate for Applicant.

Mr. S.S. Pednekar, APP for Respondent-State.

_________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 18th FEBRUARY, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

Learned counsel for the Applicant submits that the trial Court had granted bail to the Applicant but has directed to deposit Rs.10,00,000/- before releasing from the jail as per the view of the Apex Court Ramesh Jain Vs. State1, such condition cannot be imposed and requested to allow the application.

3.

Learned APP submitted that as per the view of Hon'ble Apex Court in the case of Ramesh Jain (supra.), matter be remanded back to the learned trial Court directing to decide the bail application on merits. 4.

I have hard both learned counsel, perused the impugned order. The learned trial Court has granted bail to the Applicant but has imposed In Criminal Appeal No(2). 387 /2026@ SLP (Cri) No. 11336/2025 dtd. 21/01/2026.

13- Appln 23 of 2026.doc Tikam condition No.5 that the Applicant shall deposit Rs.10,00,000/- each before the trial Court as condition precedent. As per the view of the Hon'ble Apex Court in case of Ramesh Jain (supra.) such condition cannot be imposed. The trial Court should have decided the bail application of the Applicant on merits.

5.

Considering these facts, I pass following order: (i) Application is allowed.

(ii) The Bail Application of Applicant is remanded back to the trial Court.

(iii) The trial Court shall decide the bail application on its own merits without imposing condition of depositing the amount. (iv) The trial Court shall decide the bail application expeditiously. (v) Criminal Bail Application is disposed of in the above terms. (SHIVKUMAR DIGE, J.)