Bombay High Court

JAKIR NASIM KHANversusTHE STATE OF MAHARASHTRA

Decided: 24 March 2026
Disposal: Disposed Off
Bench: R M JOSHI

Holding

The court granted bail to the applicant subject to a detailed financial undertaking, personal bond, and territorial restrictions, with immediate cancellation upon any default.

Summary

The High Court considered the bail application of Jakir Nasim Khan, who submitted an affidavit undertaking to deposit Rs.3,27,400 within a week of release and Rs.10,00,000 each month for six months, along with a promise not to enter the Govandi jurisdiction where the complainant resides. Both the State counsel and the informant’s counsel accepted the undertaking but warned that any default would lead to immediate cancellation of bail. The Court accepted the affidavit as a binding undertaking, ordered the applicant to furnish a personal bond of Rs.30,000 with sureties, and imposed conditions restricting his residence, movement, and travel abroad. It further directed the applicant to inform the investigating officer of any change of address and clarified that the observations were prima facie and not binding during trial. Consequently, the bail application was allowed subject to the stipulated terms.

Issues considered

What conditions may be imposed on the grant of bail in a criminal case?
Whether a financial undertaking and jurisdictional restriction can be conditioned upon bail and lead to its cancellation upon default.

Subjects

bail
criminal procedure
undertaking
default
jurisdiction restriction
surety
personal bond

Judgment

                                                903-BA-2138-2025.ODT




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION
        CRIMINAL BAIL APPLICATION NO. 2138 OF 2025
Jakir Nasim Khan                                    …Applicant
      Versus
The State Of Maharashtra                            …Respondent


Ms. Sabiha Ansari a/w Ms. Tanvi Rane i/by Hulyalkar & Associates,
      for the Applicant
Ms. S. D. Shinde, APP, for the Respondent - State.
Mr. Asif Shaikh a/w Mr. Abid Abbas Sayyed, for Informant.
Mr. Amir Qaiyum Khan ( First Informant ), is present.


                    CORAM:        R. M. JOSHI, J.
                    DATED:         24th MARCH, 2026
PC:-



1.     Learned Counsel for the Applicant has placed on record
Affidavit-cum-undertaking of Applicant executed before the jail
Authority indicating that the Applicant is ready to deposit an
amount of Rs. 3,27,400/- (Rupees Three Lakh Twenty Seven
Thousand Four Hundred Only) within a period of a week from
the date of his release from custody and further to undertake to
deposit Rs. 10,00,000/- (Rupees Ten Lakh only) each in next six
months as per the schedule given in the Affidavit-cum-
undertaking. The Affidavit-cum-undertaking is marked ‘X’ for
identification. He further states as to the place where he would
be residing and further undertook not to enter the jurisdiction of
Govandi where the complainant resides.



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                             th
                           24 March, 2026
                                                  903-BA-2138-2025.ODT




2.    Learned APP and learned Counsel for the Informant are
satisfied with the said undertaking. They however contends that
even in case of a single default, the bail granted to the Applicant
be cancelled. Hence, following order.

                              ORDER
       (i)    The Affidavit-cum-undertaking on behalf of
              the Applicant is accepted as an undertaking to
              this Court.
       (ii)   Applicant in view of the said undertaking
              deposit a sum of Rs.3,27,400/- (Rupees Three
              Lakh Twenty Seven Thousand Four Hundred
              Only) before the Trial Court within a period
              of a week from his actual release from jail.
       (iii) As undertaken the Applicant shall deposit sum
             of Rs.10,00,000/- (Rupees Ten Lakh only)
             each month for a period of six months.
       (iv) Any default including the default in depositing
            the first amount of Rs.3,27,400/- would result
            into forthwith cancellation of the bail, granted
            to the Applicant.
       (v)    Applicant be enlarged on bail on furnishing
              P.R. bond of Rs.30,000/- with one or two
              surety in the like amount, to the satisfaction of
              the Trial Court.
       (vi) Applicant shall communicate in writing to the
            Investigating Officer any change in his
            residential address during trial.
      (vii) Applicant not to enter in the jurisdiction of
            Govandi, till conclusion of trial
      (viii) Applicant not to leave India             without
             permission of the Trial Court.


3.    The application is allowed in aforesaid terms and is
accordingly disposed of.


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                            24 March, 2026
                                                    903-BA-2138-2025.ODT




4.          It is clarified that the above observations are prima facie
in nature and the same would not bind the parties during the
trial.


5.          All concerned to act upon the authenticated copy of this
order.




                                                     (R. M. JOSHI, J.)
VDMokal/-




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