Bombay High Court
JEEVAN RAMCHANDRA SAWANTversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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.
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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.)
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