Bombay High Court

SHAMA ABDUL PINJARIversusSTATE OF MAHARASHTRA

Decided: 22 September 2026
Disposal: Allowed

Holding

The court granted bail to the applicant on the terms and conditions specified, allowing her release from custody.

Summary

The High Court considered a bail application filed under Section 439 of the Criminal Procedure Code by Shama Abdul Pinjari, who was in custody for C.R. No. 225 of 2024. The applicant submitted an affidavit promising to pay the balance of a disputed amount in installments, having already paid an initial sum. The State and the complainant were present, and the complainant accepted the affidavit as fair. The court, noting the applicant’s gender, willingness to pay, and lack of grievance from the complainant, decided to grant bail despite the general principle that bail should not be conditioned on monetary deposit. Bail was granted on a set of conditions including a personal bond, regular reporting, non‑tampering with evidence, and restrictions on travel, with a warning that violation would lead to revocation. The application was allowed and disposed of accordingly.

Issues considered

Whether the applicant is entitled to bail under Section 439 Cr.P.C. in the present circumstances.
Whether the court can condition bail on the applicant’s payment of a specified monetary amount.
Whether the imposed conditions of bail are legally valid and enforceable.

Legislation cited

Code of Criminal Procedure, 1973 — s. 439

Subjects

bail
Section 439 CrPC
conditions of bail
women accused
financial restitution
Maharashtra

Judgment

33. BA-1277-25.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1277 OF 2025

Shama Abdul Pinjari .. Applicant
Versus
State of Maharashtra & Anr. .. Respondents
....................
 Mr. Sundeep Singh a/w Ms. Reshma Shaikh, Advocates for
Applicant
 Mr. Sukanta A. Karmakar, APP for State
 Mr. Ajinkya Udane, Advocate for Respondent No. 2 - Complainant
 Mr. Sharad Yashwant Patil, PSI, Gangapur Police Station
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 22, 2026
P. C.:

1. Heard Mr. Singh, learned Advocate for Applicant; Mr. Karmakar,

learned APP for State and Mr. Udane, learned Advocate for

Respondent No. 2 - Complainant.

2. Present Bail Application is filed under Section 439 of Cr.P.C.

seeking bail in connection with C.R. No. 225 of 2024 registered with

Gangapur Police Station.

3. In compliance of the order dated 01.09.2026, Applicant herself

has filed her affidavit-cum-undertaking, inter alia, stating that she will

pay the balance amount as stated in paragraph No. 5 of the said

affidavit in 13 monthly installments out of which the first installment

of Rs. 2,00,000 has been paid by demand draft today itself.

1 of 4
33. BA-1277-25.odt

4. Mr. Singh clarified that demand draft of Rs. 1.30 Lakhs has been

paid today and the balance Rs. 70,000/- shall be paid within two days

from today since the fund arrangement is required to be made

accordingly. I accept the above submissions because the same is part

of the affidavit of compliance filed by the Applicant through a jail

where she is housed. The affidavit is taken on record by the Court.

5. Mr. Udane in his usual fair-mindedness, informs the Court that

the affidavit is fair, and in the event if the amounts are to be returned

back to the Complainant, she would have no grievances. Conduct of

Mr. Udane in arguing the present matter is appreciated by the Court.

The Complainant is also present in the Court.

6. Considering the fact that the Applicant before me is a woman

and she herself has shown the inclination of making the payment, the

Applicant would be better off if she is granted bail so that she will be

in a position to arrange the balance amounts.

7. This Court is also conscious of the fact that grant of bail on

conditions of deposit should not be granted. But in the facts and

circumstances of the present case which have been argued before the

Court and which have been delineated in the previous order as also

the bona fides of the Applicant which have been shown to the Court,

the Court is inclined to accept the submissions made by Mr. Singh.

2 of 4
33. BA-1277-25.odt

8. Hence, the Applicant is therefore directed to be released on bail

on the following terms and conditions:-

(i) Applicant is directed to be immediately released on bail

from prison in connection with C.R. No. 225 of 2024;

(ii) Applicant is directed to be released on bail on

furnishing P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand

only) with one or two sureties in the like amount;

(iii) Applicant shall report to the Investigating Officer at

Gangapur Police Station, once every month on the first

Sunday of the month between 10:00 a.m. to 12:00

p.m.;

(iv) Applicant shall co-operate with the conduct of trial and

attend the Trial Court on all dates, unless specifically

exempted and will not take any unnecessary

adjournments, if she does so it will entitle the

prosecution to apply for revocation of this order;

(v) Applicant shall not leave the State of Maharashtra

without prior permission of the Trial Court. She shall

deposit her passport, if any, with the Trial Court within

one week of being released from prison;

(vi) Applicant shall not influence any of the witnesses or

tamper with the evidence in any manner;

3 of 4
33. BA-1277-25.odt

(vii) Applicant shall keep the Investigating Officer informed

of her current address and mobile contact number

and / or change of residence or mobile details, if any,

from time to time, as applicable; and

(viii)Any infraction of the conditions shall entail cancellation

of bail granted to the Applicant.

9. It is however clarified on the request made by Mr. Udane that

the amount of Rs. 36,50,000/- as per the chargesheet is the amount

which is due and payable. Contention of the Complainant that she has

given more amount over and above the aforesaid amount is otherwise

kept open to be adjudicated in appropriate proceedings in accordance

with law.

10. Needless to state that the above observations will not come in

the way of trial as they are prima facie in nature based on the

submissions made and the material placed before this Court.

11. Bail Application is allowed and disposed of in the above terms.

Amberkar [ MILIND N. JADHAV, J. ]

Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.09.22
15:08:05 +0530

4 of 4

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.