Bombay High Court

SAMEER RAMCHANDRA KHARKARversusTHE STATE OF MAHARASHTRA

Decided: 9 October 2026
Disposal: Allowed

Holding

The Court allowed the application, permitting the applicant to furnish a cash bond of Rs.25,000 and to provide the required sureties within six weeks of release.

Summary

The High Court considered an interim application filed by the applicant, Sameer Ramchandra Kharkar, who had been granted bail on 21 August 2026 with a condition to furnish a personal bond of Rs.25,000 along with one or two sureties of the same amount. The applicant contended that he could not provide the required sureties because his parents were unavailable, and sought permission to furnish a cash bond instead. The Court examined the bail order and the applicant's inability to meet the surety condition, and decided to modify the bail terms. It allowed the application, directing that the applicant may furnish a cash bond of Rs.25,000 prior to release and must provide the sureties within six weeks of release. The interim application was consequently disposed of in favor of the applicant.

Issues considered

Whether the bail condition requiring sureties can be altered to permit a cash bond when the applicant is unable to procure sureties

Subjects

bail
surety
cash bond
interim application
criminal appeal
suspension of sentence

Judgment

                                                                                  305.IA3461.2026.odt




ARUNA                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP                                 CRIMINAL APPELLATE JURISDICTION
TALWALKAR
                                     INTERIM APPLICATION NO. 3461 OF 2026
Digitally signed by
ARUNA SANDEEP                                         IN
TALWALKAR
Date: 2026.10.10
                                     INTERIM APPLICATION NO. 2703 OF 2026
17:32:22 +0530                                      WITH
                                       CRIMINAL APPEAL NO. 795 OF 2017

                      Sameer Ramchandra Kharkar.                          … Applicant
                            Versus
                      State of Maharashtra & Ors.                         … Respondents

                                                  --------------
                      Mr. MayankA S.R. i/b. Mr. Khan Abdul Wahab, Advocate for
                      Applicant.
                      Mr. A.A. Palkar, APP for Respondent/State.
                                                  --------------
                                                   CORAM : M. S. KARNIK &
                                                                 SANDESH D.PATIL, JJ.

                                                        DATE :    9th OCTOBER, 2026

                      P.C. :

                      1.           Heard the learned Counsel for the Applicant.

                      2.           Vide Order dated 21st August, 2026 we had granted bail

                      to the Applicant on the following conditions :

                                     (i)    The sentence imposed by the Trial Court in
                                     Sessions Case no. 718 of 2015 shall stand suspended
                                     during the pendency of the Appeal.
                                     (ii)   The Applicant - Sameer Ramchandra Kharkar
                                     shall be released on bail on furnishing P.R. Bond of
                                     Rs.25,000/- with one or two sureties of the like

                      Talwalkar                         1
                                                          305.IA3461.2026.odt



              amount.
              (iii) The Applicant shall report once in two months to
              the Police Station where the crime was registered. The
              said reporting shall be on 1st Monday of the month
              when the reporting is due.
              (iv) The Applicant shall give his address, mobile
              number to the Police Inspector of the Police Station
              where the crime was registered and in case of any
              change thereof, same shall also be intimated to the said
              Police Officer.
              (v) The Applicant shall remain present before this
              Court, as and when the matter is taken up for hearing.
              (vi) The Interim Application is disposed of accordingly.

3.          The condition No. (ii) namely, that the Applicant shall be

released on bail on furnishing P.R. Bond of Rs. 25,000/- with one

or two sureties of the like amount is the condition which the

Applicant is bringing to our notice vide an application made

through jail. It is his contention that since his parents are not

there, it would not be possible for him to furnish sureties and

instead he be released by furnishing cash surety to the like

amount.

4.          We have considered the application made by the

Applicant. Since we have already granted bail vide order dated



Talwalkar                        2
                                                          305.IA3461.2026.odt



21st August, 2026, inspite of passage of such a long time, the

Applicant could not be released on bail only because he does not

have any sureties in the like amount. In these circumstances, we

are inclined to grant the present application with the following

directions :

(i)         The Application is allowed.

(ii)        The Applicant – Sameer Ramchandra Kharkar shall

furnish cash bond of Rs. 25,000/- prior to his release on bail.

(iii)       After the Applicant is released on bail, he shall furnish

sureties to the amount of Rs. 25,000/- within a period of 6 weeks

from the date of his release from jail.



5.          The Interim Application is disposed of accordingly.




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




Talwalkar                        3

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