Omprakash S/O Devandas Khanna v. State Of Maharashtra And ORS

KSG 10-WP-1990-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1990 OF 2026 Omprakash S/o. Devandas Khanna ... Petitioner V/s.

State of Maharashtra & Ors ... Respondents _______________________________________ Mr. Rupesh Jaiswal (through VC) a/w Mr. Shivram Gawade for the Petitioner. Ms. P.P. Shinde, A.P.P. for Respondent No.1-State. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 29th APRIL 2026 P.C. :

1) According to us, the condition imposed upon the Petitioner requiring him to furnish a surety of his close relative in the sum of Rs.1,00,000/- is not only onerous, but also impracticable to comply with. The Petitioner, being a convict, is evidently unable to arrange a cash surety of Rs.1,00,000/-. It appears that the Competent Authority has failed to consider Digitally signed by KIRAN SANJAY GHUGE Date:

2026.05.04 19:29:01 +0530 KIRAN SANJAY GHUGE the practical reality of life and has imposed onerous conditions upon the Petitioner.

2) We, therefore, set aside condition No.1 imposed upon the Petitioner by Order dated 30th January, 2026 and direct the Competent Authority to impose a reasonable and suitable condition upon the Petitioner. The same be done within a period of one week from today. 1/2

KSG 10-WP-1990-2016.doc 3) Stand over to 7th May, 2026.

4) To be listed under the caption 'For Directions'. ( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) 2/2