Bombay High Court
Anjum Ayub Mulani alias Anjuman shaikhversusState of Maharashtra
- Decided
- Disposal
- Allowed
Holding
The court partially allowed the application, removing the condition of furnishing a local solvent surety.
Summary
The applicant, Anjum Ayub Mulani alias Anjuman Shaikh, was released on bail after depositing a cash surety of Rs.1,00,000. The bail order also required a local solvent surety of Rs.1,00,000, which the applicant could not furnish. She informed the court that she was unable to obtain such a surety and emphasized that she is not the principal accused; her husband is. The court considered the applicant's difficulty and the nature of her involvement in the case. It allowed the application partially, dispensing with the requirement of a local solvent surety, and disposed of the application.
Issues considered
- Whether the requirement of a local solvent surety of Rs.1,00,000 can be waived when the accused is not the principal accused and is unable to furnish it
Subjects
- bail
- surety
- criminal procedure
- non‑principal accused
- court discretion
Judgment
34. CRI APPLN-280-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 280 OF 2026
Anjum Ayub Mulani alias
Anjuman Shaikh .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Ms. Pooja Khandekar a/w Ms. Pratiksha More i/by Mr. Subhash
Hulyalkar (Hulyalkar & Associates), Advocates for Applicant
Ms. Shilpa G. Talhar, APP for State
Mr. Nandkumar P. Kadam, API, Baner Police Station, Pune City.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 21, 2026
P. C.:
1. Heard Ms. Khandekar, learned Advocate for Applicant and Ms.
Talhar, learned APP for State.
2. Ms. Khandekar informs the Court that order passed on
11.06.2026 below Exh. 11 in Criminal Bail Application No. 2508 of
2026 stands complied with to the extent of depositing the cash surety
of Rs. 1,00,000/-. The Applicant has been released. However, she
submits that she is unable to furnish local solvent surety of Rs.
1,00,000/- which is one of the conditions as stated in operative clause
3 of the said order. Applicant has expressed her difficulty about not
getting any solvent surety. Applicant is not the principal accused in the
present crime, her husband is the principal accused.
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34. CRI APPLN-280-26.odt
3. In view of the above and for the reasons stated in the
Application, the Application stands allowed in terms of prayer clause
(c).
4. Application is allowed partly and disposed of.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.21
19:17:22
+0530
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