Bombay High Court

MUJJAFAR ALI @ SIKANDAR MASUK ALIversusTHE STATE OF MAHARASHTRA

Decided: 11 September 2026
Disposal: Disposed Off

Holding

The Court allowed the applicant to be released on a personal bond in lieu of the required sureties.

Summary

The applicant, Mujjafar Ali, filed an interim application from jail stating that although bail had been granted on 31 July 2026, he could not furnish the required sureties of Rs.25,000. He requested to be released on a personal bond instead. The Court noted the applicant's inability to provide sureties and, considering the earlier bail order, directed that he may furnish a personal bond within two weeks of the order. Upon furnishing the bond, the applicant would be released on bail under the same conditions as the original order. The interim application was therefore disposed of, and the order was to be communicated to the applicant and the jail superintendent.

Issues considered

Whether a bail order requiring sureties can be modified to allow release on a personal bond when the accused is unable to furnish sureties.

Subjects

bail
personal bond
surety
interim application
High Court
criminal appeal

Judgment

                                                        913. IA 3169-2026.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.3169 OF 2026
                                       IN
                         CRIMINAL APPEAL NO.257 OF 2016

Mujjafar Ali @ Sikandar Musuk Ali        …     Applicant
          Versus
State of Maharashtra                     …     Respondent
                                   …..
Mr. Ajit M. Savagave for the Applicant.
Mr. Kumar V. Saste, A.P.P. for Respondent-State.
                                   …..

                                   CORAM: M.S. KARNIK &
                                          SANDESH D. PATIL, JJ.

                                   DATED : 11th SEPTEMBER 2026
P.C.

1.          The present Applicant has filed the application, through Jail

stating that although bail is granted to him, yet he cannot furnish

bail amount as his condition is precarious.           He requested for

releasing him on bail on execution of personal bond. The Applicant

was granted bail by this Court vide order dated 31 st July, 2026. One

of the conditions imposed on the Applicant by the said order was

that the Applicant shall be enlarged on bail on furnishing P.R. Bond

in the sum of Rs.25,000/- with one or two sureties in the like


RaJesh Chittewan, PS                                                       1/2
                                                          913. IA 3169-2026.doc

amount.


2.        It is the contention of the Applicant that he is not in a position

to furnish such sureties. Since this Court has already granted bail to

the Applicant on 31st July, 2026 and only because the Applicant is not

in a position to furnish such sureties, we are of the opinion that the

Applicant be released on furnishing personal bond. Such personal

bond be furnished to the Authority within a period of two weeks

from the date of communication of this Order.          As soon as the said

personal bond is furnished, the Applicant be released on bail on the

said terms and conditions as are specified in the Order dated 31 st

July 2026 passed in Interim Application No.4479 of 2023 in Criminal

Appeal No.257 of 2016.


3.        With the aforesaid conditions, Interim Application No.3169 of

2026 is disposed of. The order be communicated to the Applicant

and the Jail Superintendent.



(SANDESH D. PATIL, J.)                            (M.S. KARNIK, J.)




RaJesh Chittewan, PS                                                         2/2
              Digitally signed
RAJESH    by RAJESH
          VASANT
VASANT    CHITTEWAN
CHITTEWAN Date: 2026.09.11
              18:52:50 +0530

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