← Library
Bombay High CourtAPPLN/53/2026disposed off

Jeevan Ramchandra Sawant v. The State Of Maharashtra

2026-03-09Hon'Ble Shri Justice Shivkumar Dige2 pages

103-APPLN-53-2026 (CR).doc Shubhada S Kadam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 53 OF 2026 Jeevan Ramchandra Sawant versus The State of Maharashtra _________________________________________________________________ Mr. Raj Bannatwala, Advocate for Applicant.

Mr. B. B.Kulkarni, APP for Respondent-State.

_________________________________________________________________ by SHUBHADA SHANKAR KADAM Date:

2026.03.18 10:29:17 +0530 SHUBHADA SHANKAR KADAM

CORAM

: SHIVKUMAR DIGE, J.

DATE : 9th MARCH, 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 the applicant to deposit a sum of Rs. 19,25,000/- as a condition for release from jail. He further submits that as per the view of the Apex Court Ramesh Jain Vs. State1, such a condition cannot be imposed and requested to allow the application.

3.

Learned APP submits that as per the view of Hon'ble Apex Court in the case of Ramesh Jain (supra.), the matter be remanded back to the learned Trial Court with direction to decide the bail application on In Criminal Appeal No(2). 387 /2026@ SLP (Cri) No. 11336/2025 dtd. 21/01/2026.

103-APPLN-53-2026 (CR).doc Shubhada S Kadam merits.

4.

I have heard both learned counsel, perused the impugned order. The learned Trial Court has granted bail to the applicant but has directed the applicant to deposit Rs. 19,25,000/- as a condition for release from jail. As per the view of the Hon'ble Apex Court in case of Ramesh Jain (supra.), such a 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) The application is partly 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. The Criminal Application stands disposed of in the above terms. (SHIVKUMAR DIGE, J.)