Created by Fuzzy Cloud

Bombay High Court

JEEVAN RAMCHANDRA SAWANTversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

A monetary deposit condition cannot be imposed on bail; the bail application must be decided on its merits.

Summary

The applicant was granted bail by the Trial Court but was conditioned to deposit Rs.19,25,000. The applicant contended, relying on the Apex Court’s decision in Ramesh Jain v. State, that such a monetary condition is impermissible. The State agreed that the matter should be remanded for a merits‑based decision. The High Court held that the condition of depositing money cannot be imposed and ordered the bail application to be sent back to the Trial Court for a decision on its merits without the deposit condition. The application was partly allowed and the criminal application was disposed.

Issues considered

  • Whether a condition of depositing a monetary amount can be imposed on bail in light of the precedent set by Ramesh Jain v. State.

Subjects

  • bail
  • monetary condition
  • remand
  • Criminal Procedure Code
  • precedent
  • High Court

Judgment

                                                                                                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.
                             _________________________________________________________________
          Digitally signed
          by SHUBHADA
SHUBHADA SHANKAR
SHANKAR  KADAM
KADAM    Date:
          2026.03.18
          10:29:17 +0530
                                                                             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


                             1    In Criminal Appeal No(2). 387 /2026@ SLP (Cri) No. 11336/2025 dtd. 21/01/2026.

                                                                        Page 1 of 2
                                                     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.)




                                   Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.