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
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