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Bombay High Court

VIPUL UMESH SOLANKIversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court partially allowed the bail application, permitting release on a personal bond and cash deposit, and granting eight weeks to furnish a surety.

Summary

Vipul Umesh Solanki applied for bail after being directed to be released on 8 May 2026, but could not secure a surety because his father had died and he had no one to stand as surety. The applicant argued that he was ready to deposit Rs.50,000 in lieu of a surety and requested time to arrange a surety. The court noted the applicant's long pre‑trial incarceration of over five years, his permanent residence in Mumbai, and the low risk of absconding. It partially allowed the interim application, granting the applicant release on a personal bond of Rs.30,000 and a deposit of Rs.50,000, while giving him eight weeks to furnish a surety. The deposited amount would be returned upon furnishing the surety, and the application was disposed of accordingly.

Issues considered

  • Whether the applicant can be released on bail despite the inability to furnish a surety
  • Whether a cash deposit can substitute for a surety in a bail order

Subjects

  • bail
  • surety
  • cash deposit
  • interim application
  • criminal procedure

Judgment

                            INGALE                                                 908-IA-1743-26.DOC-FINAL


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally signed
URMILA   by URMILA
         PRAMOD
                                          CRIMINAL APPELLATE JURISDICTION
PRAMOD   INGALE
         Date:
INGALE   2026.09.03                       INTERIM APPLICATION NO. 1743 OF 2026
         12:39:03 +0530

                                                          IN
                                       CRIMINAL BAIL APPLICATION NO.4537 OF 2025
                            Vipul Umesh Solanki                                      …Applicant
                                      V/s.
                            The State of Maharashtra                                 …Respondent


                            Mr.Paramhans Sushilkumar Dixit, for the Applicant.
                            Mr. T.G. Khan, APP for the Respondent-State.


                                                        CORAM:             SHYAM C. CHANDAK, J.

                                                        DATED :            2nd SEPTEMBER, 2026
                            P.C. :-

                            1.        Heard Mr. Dixit, learned counsel for the applicant and Mr.
                            Khan, learned APP appearing for the Respondent -State.

                            2.        In this Interim Application, the applicant has prayed for the
                            following relief.

                                        “(a) This Hon’ble High Court may kindly be pleased to
                                        release the Applicant on Permanent Cash Bail or
                                        Provisional Cash Bail in the order dated 8 th May, 2026 in
                                        Criminal Bail Application No. 4567 of 2025.”

                            3.        By order dated 8th May, 2026 passed in Criminal Bail
                            Application No. 4537 of 2025, the applicant was directed to be
                            released on bail. However, the applicant could not avail the said
                            bail order because he had lost his father long back and being in
                            jail, he could not contact any relative or acquaintance to request to
                            stand as surety for him.


                                                             Page 1 of 2
INGALE                                             908-IA-1743-26.DOC-FINAL



4.       The applicant has been granted bail mainly on the ground of
long incarceration of more than 5 years. The applicant is a
permanent resident of Mumbai. He is not likely to abscond.
Mr.Dixit, learned counsel for the applicant states that the
applicant is ready to deposit Rs.50,000/- in lieu of furnishing
surety and the applicant may be given 4 weeks time to furnish
surety. In view thereof, I am inclined to allow the Application
partly. Hence, the following order:-

(i)      The Application is partly allowed.

(ii)     The applicant is given 8 weeks time to furnish surety as per
the above referred bail order dated 8th May, 2026. Till then, the
applicant be released on bail on his executing P.R.bond in the sum
of Rs.30,000/- and depositing a sum of Rs.50,000/- in lieu of
furnishing the surety. On furnishing such surety/ies, the amount
of Rs.50,000/- deposited by the applicant shall be returned.

5.       The Application stands disposed of in the above terms.



                                 (SHYAM C. CHANDAK, J.)




                                Page 2 of 2


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