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Bombay High Court

KUMAR KALGONDA PATILversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court deleted the original condition (i) and substituted a provisional cash bail of Rs.20,000, permitting the applicant to furnish sureties within four weeks, thereby allowing the interim application.

Summary

Kumar Kalgonda Patil was granted bail on 29‑04‑2026 with a condition requiring immediate furnishing of surety. He could not comply and filed an interim application seeking provisional cash bail of Rs.20,000 and a deferment of the surety requirement. The High Court examined the application and deleted the original condition (i), substituting a new order that releases the applicant on provisional cash bail of Rs.20,000, with a direction to furnish one or two sureties of the same amount within four weeks of release. The new order is to be read along with the original bail order, with all other conditions remaining unchanged. The interim application was allowed and disposed.

Issues considered

  • Whether the condition (i) of the bail order can be modified to allow provisional cash bail and defer the furnishing of sureties

Subjects

  • bail
  • provisional cash bail
  • surety
  • interim application
  • High Court
  • modification of bail conditions
  • Criminal Procedure

Judgment

                                                                 46.IA.2582.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO. 2582 OF 2026
                                      IN
                       BAIL APPLICATION NO. 1537 OF 2026

       Kumar Kalgonda Patil                                 .. Applicant
             Versus
       State of Maharashtra                                 .. Respondent
                                 ....................
        Mr. Harish Garde, Advocate i/by Mr. Vivek Arote for Applicant.
        Mr. Sukanta A. Karmakar, APP for Respondent – State.
                                     ......…...........
                                    CORAM : MILIND N. JADHAV, J.
                                    DATE          : SEPTEMBER 16, 2026.
       P.C.:
       1.        Heard Mr. Garde, learned Advocate for Applicant and Mr.

       Karmakar, learned APP for Respondent – State.


       2.        Interim Application is filed since the Applicant who has been

       granted bail vide order dated 29.04.2026 has not been able to comply

       with and further condition No.(i) as stated in paragraph No.5 of the

       said bail order.


       3.        The grounds stated in the Application are considered by me.

       Applicant seeks grant of provisional cash bail of Rs.20,000/- and is

       willing to furnish sureties accordingly.


       4.        In that view of the matter, the said condition No.(i) in

       paragraph No.5 of the bail order dated 29.04.2026 stands deleted and

       substituted by the following order:-


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                                                                                                 46.IA.2582.2026.doc




                                             “(i) The Applicant be enlarged on bail in Crime No.39 of 2025
                                                   registered with Sinhagadh Road Police Station, District Pune, on
                                                   provisional cash bail of Rs.20,000/- as requested by him. ”


                                 5.          After releasing on bail, Applicant shall furnish one or two

                                 sureties in the like amount within a period of four weeks after the date

                                 of his release.


                                 6.          This order shall be read alongwith the order dated

                                 29.04.2026 and Applicant shall be released on bail on compliance of

                                 this condition.


                                 7.          In view of the above, Interim Application is allowed and

                                 disposed.


                                 8.          All other conditions contained in the bail order dated

                                 29.04.2026 remain the same.


                                                                                 [ MILIND N. JADHAV, J. ]

      Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.09.16
              20:19:14 +0530




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