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Bombay High Court

K SHABBIR BABUversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that the applicant's demonstrated bona fides justify allowing the deposit of the additional demand draft and ordering its placement in the same account as earlier deposits.

Summary

The Bombay High Court considered an interim application filed by K. Shabbir Babu seeking further compliance with a monetary order dated 07.05.2025, which required the deposit of Rs.1.91 crore. The applicant had already deposited Rs.25.50 lakh and subsequently Rs.15 lakh, and later an additional Rs.24.10 lakh, demonstrating his bona fides. The court, after hearing counsel, noted that the applicant could not deposit the entire balance at once but produced a demand draft of Rs.25 lakh to show continued compliance. Relying on the applicant’s demonstrated bona fides, the court ordered that the demand draft be deposited in the same account as earlier payments. Consequently, the interim application seeking permission to deposit the additional amount was allowed and the application was disposed.

Issues considered

  • Whether the applicant has established bona fides sufficient to justify further extensions for depositing the ordered amount
  • Whether the court can order the deposit of an additional demand draft in compliance with the original monetary order

Subjects

  • bail
  • interim application
  • deposit
  • bona fides
  • criminal appellate jurisdiction
  • Maharashtra

Judgment

                                                                            49.IA.3237.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                            INTERIM APPLICATION NO.3237 OF 2026
                                             IN
                              BAIL APPLICATION NO.3356 OF 2024

              K Shabbir Babu                                           .. Applicant
                         Versus
              The State of Maharashtra                                 .. Respondent
                                         ....................
               Mr. Kishor Patil a/w. Mr. Kapil Shetye and Ms. Rashmi Jadhav,
                Advocates for Applicant.
               Ms. Rajeshree V. Newton, APP for Respondent.
               PSI – Vikas Taktode, Hinjewadi Police Station.
                                             ...................

                                            CORAM : MILIND N. JADHAV, J.
                                            DATE          : OCTOBER 01, 2026
              P.C.:

              1.        Heard Mr. Patil, learned Advocate for Applicant and Ms.

              Newton, learned APP for Respondent.


              2.        The bona fides of the Applicant before me are prima facie

              seen by the Court. When the order dated 07.05.2025 was passed out of

              the total amount of Rs.1.91 Crores approximately an amount of

              Rs.25.50 Lakhs was already deposited and another amount of Rs. 15

              Lakhs was subsequently deposited in compliance with the said order.


              3.        Mr. Patil inform that further extension was sought and

              another Rs.24.10 Lakhs was also deposited by the Applicant and

              according to his instructions and as stated in the Application seeking

              extension filed in this Court previously, the said figure is mentioned.


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                                                                               49.IA.3237.2026.doc


               4.                In that view of the matter, this Court was inclined to pass

               further order dated 04.05.2026, copy of which is appended at page No.

               22.


               5.                Today, Mr. Patil submits that due to reasons stated in the

               Application, the balance amount could not be accumulated in its

               entirety but to show the bona fides of the Applicant the demand draft

               of Rs.25 Lakhs is brought to the Court and he desires to deposit the

               same in compliance with the first order dated 07.05.2025.


               6.                I have heard the submissions, perused the Application, and I

               am inclined to believe the grounds which are stated in the Application

               and allow the Application in terms of prayer clause (b).


               7.                Needless to state that Demand Draft of Rs.25,00,000/- shall

               be forthwith deposited in the same account where the earlier amounts

               were deposited.


               8.                With the above directions, Interim Application is disposed.




H. H. SAWANT                                                   [ MILIND N. JADHAV, J. ]

                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.10.01
                            15:35:20 +0530




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