Bombay High Court
AMIT BHAGWAN BALI AND ORSversusVIJAYALAXMI AMIT BALI AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court exempted Applicants Nos. 4 and 6 from the Rs. 25,000 cost order, while ordering the other Applicants to pay their respective costs.
Summary
In Criminal Writ Petition No. 1675 of 2026, the Applicants sought relief from costs imposed on certain family members (Applicants Nos. 4 and 6) who were not named as accused but were parties due to a settlement. The Applicants' counsel, Mr. Azharuddin Khan, explained that the omission of this fact in the earlier hearing on 15.04.2026 was due to his own error. The State's counsel, Ms. A. S. Gotad, did not oppose the request. The Court, noting the procedural lapse and the unique circumstances, exempted Applicants Nos. 4 and 6 from paying the Rs. 25,000 cost order, while directing the remaining Applicants to pay their respective shares and file compliance affidavits. The interim application was consequently disposed, and the main writ petition was scheduled for compliance reporting.
Issues considered
- Whether Applicants Nos. 4 and 6 can be exempted from the costs imposed due to their non-accused status and procedural error.
Subjects
- interim application
- costs exemption
- criminal writ petition
- procedural error
- settlement
Judgment
504-IA1963-2026.doc
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by GAYATRI
GAYATRI RAJENDRA
RAJENDRA SHIMPI
SHIMPI Date:
2026.06.18
CRIMINAL APPELLATE JURISDICTION
11:26:14 +0530
INTERIM APPLICATION NO. 1963 OF 2026
IN
WRIT PETITION NO. 1675 OF 2026
Amit Bhagwan Bali & Ors. … Applicants
Versus
Mrs. Vijayalaxmi Amit Bali & Anr. … Respondents
----
Mr. Azharuddin Khan i/b Ms. Komal Jadhav, Advocates for
Applicants.
Ms. A. S. Gotad, APP for Respondent – State.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 17th JUNE, 2026
P.C. :
1. This Interim Application was circulated pursuant to the
praecipe dated 17.06.2026, same is marked with “X” for
identification. At the request of Mr. Azharuddin Khan, learned
Advocate for the Applicants and in view of the urgency expressed
by him, this Interim Application is ordered to be listed on today’s
‘Production List’.
Gayatri shimpi 1
504-IA1963-2026.doc
2. Mr. Azharuddin Khan, learned Advocate for the
Applicants, submits that Applicant Nos. 4 & 5, who are family
members of the Applicants, were not named as accused. However,
they were made parties to the Criminal Writ Petition No. 1675 of
2026 because they were part of the settlement between the
Applicants and Respondent No. 2. He submits that this fact was
not pointed out to the Court on 15.04.2026, when the order in
Criminal Writ Petition No. 1675 of 2026 was passed in open Court,
due to an error on his part. He therefore requests that the costs
imposed on Applicant Nos. 4 & 6 be relaxed.
3. Ms. A. S. Gotad, learned APP for the State does not
oppose the said request of Mr. Azharuddin Khan, learned Advocate
for the Applicants.
4. Considering the submissions made by Mr Azharuddin
Khan, particularly the error committed by him and the peculiar
facts and circumstances of this case, Applicant Nos. 4 and 6 are
exempted from payment of the costs of Rs. 25,000/- imposed by
the order dated 15.04.2026 passed in Criminal Writ Petition No.
Gayatri shimpi 2
504-IA1963-2026.doc
1675 of 2026.
5. Mr. Azharuddin Khan, on behalf of Applicant Nos. 1, 2,
3, 5, 7 & 8, undertakes to pay the costs of Rs. 25,000/- each (total
Rs. 1,50,000/-) in terms of the order dated 15.04.2026 in Criminal
Writ Petition No. 1675 of 2026, on or before 01.07.2026, and to
file a compliance affidavit in the Registry of this Court on or before
02.07.2026. Statements made by Mr. Azharuddin Khan are
accepted.
6. Interim Application No. 1963 of 2026 disposed of.
7. List Criminal Writ Petition No. 1675 of 2025 on
03.07.2026 for reporting compliance.
(ASHWIN D. BHOBE, J.)
Gayatri shimpi 3
Checking your session…