Created by Fuzzy Cloud

Bombay High Court

RIYAZ VALI MOHAMMED SHAIKHversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the bail condition could be modified, reducing the fine to Rs. 1 lakh, as the original amount was unreasonable given the applicant's inability to pay.

Summary

The applicant, Riyaz Vali Mohammed Shaikh, was granted bail on 21 August 2026 subject to a condition that he deposit a fine of Rs. 5 lakh. He later claimed inability to pay the full amount due to financial hardship and offered to pay Rs. 1 lakh instead. The respondent State opposed any alteration, arguing the fine was justified given the seriousness of the double murder charge. The Court considered the applicant's prolonged custody and the reasonableness of the condition, concluding that the original fine was excessive under the circumstances. Consequently, the Court modified the bail condition, reducing the fine to Rs. 1 lakh while keeping all other conditions unchanged, and allowed the interim application. The modification is provisional, pending the final outcome of the appeal.

Issues considered

  • Whether the bail condition requiring payment of a Rs. 5 lakh fine is unreasonable in view of the applicant's financial incapacity
  • Whether the Court can modify an existing bail condition during pendency of an appeal

Subjects

  • bail
  • fine
  • interim application
  • modification of bail conditions
  • financial difficulty
  • criminal appeal

Judgment

              Digitally signed
              by ARUNA
              SANDEEP
  ARUNA       TALWALKAR
  SANDEEP     Date:
  TALWALKAR   2026.10.09
              20:08:41
              +0530
                                                          301.IA3259.2026.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO. 3259 OF 2026
                                     WITH
                      INTERIM APPLICATION NO. 2288 OF 2026
                                       IN
                        CRIMINAL APPEAL NO. 568 OF 2017
                                     WITH
                        CRIMINAL APPEAL NO. 568 OF 2017

Riyaz Vali Mohammed Shaikh.                        … Applicant
      Versus
State of Maharashtra & Ors.                        … Respondents

                                     WITH
                        CRIMINAL APPEAL NO. 534 OF 2017
                                     WITH
                      INTERIM APPLICATION NO. 3444 OF 2026
                      INTERIM APPLICATION NO. 5340 OF 2024
                      INTERIM APPLICATION NO. 1770 OF 2026
                                       IN
                        CRIMINAL APPEAL NO. 534 OF 2017

Yogesh Shantaram Waghmare.                         … Appellant.
      Versus
State of Maharashtra & Ors.                        … Respondents

                             --------------
Mr. Mohd. Ahmed Shaikh a/w. Adv. Sofiya Shaikh, Adv. Anchal
Meena , Adv. Mokshada Bhisi, Advocate for Applicant in Interim
Application No. 3259 of 2026.
Mr. Prosper D’Souza, Advocate for Appellant in APEAL/534/2017.
Mr. A.A. Palkar, APP for Respondent/State.
Mr. Amit Gharte, Advocate for Respondent No. 2 (victim).
                             --------------
                              CORAM : M. S. KARNIK &
                                            SANDESH D.PATIL, JJ.

                                      DATE :   9th OCTOBER, 2026

Talwalkar                            1
                                                        301.IA3259.2026.odt




P.C. :


1.          We have learned Counsel for the Applicant in Interim

Application No. 3259 of 2026 and the learned APP. who opposed

the Application.

2.          The learned Counsel for the Applicant submitted that this

Court by an order dated 21st August, 2026 enlarged the Applicant

on bail during the pendency of this appeal. One of the condition

i.e. Condition No. 11(viii) was that the Applicant shall be released

on bail only after the fine amount has been paid. The fine amount

is Rs. 5 Lakhs.      The learned Counsel for the Applicant in the

Application stated that the Applicant has not been able to avail of

the bail which was passed as back as per the order dated 21st

August, 2026 due to financial difficulties.      It is submitted on

instructions that the Applicant is willing to deposit the fine amount

of Rs. One Lakh.

3.          The learned APP vehemently opposed the application and

submitted that this is a case of double murder and therefore, the

condition of fine of Rs. 5 Lakhs was imposed on the Applicant

which he must deposit. Said condition, according to the learned

APP cannot be said to be unreasonable.

Talwalkar                        2
                                                         301.IA3259.2026.odt



4.          We are of the opinion that since the Applicant has been in

custody since long and now he is willing to pay fine amount of Rs.

One Lakh, liberty of the Petitioner only on the ground that he is

not in a position to deposit the fine amount of Rs. Five Lakhs

should not be curtailed.

5.          Accordingly, the present Interim Application No. 3259 of

2026 is allowed. The condition No. 11(viii) in the order dated 21 st

August, 2026 stands modified to read as “It is made clear that the

applicant shall be released on bail only after depositing the fine

amount of Rs. One Lakh with the trial court”.

6.          Rest of the conditions in the order dated 21 st August,

2026 shall remain intact.

7.          It is made clear that this modification is subject to the

outcome of the appeal.

8.          Mr. Prosper D’Souza, learned Counsel appears for the

Applicant (Accused No. 2 ) in the Interim Application No. 3444 of

2026. List the matter on 30th October, 2026. We shall make an

endevour to hear the appeal finally.



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



Talwalkar                        3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.