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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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