SURAJ KIRAN MANDALversusKAJAL SEN SURAJ AND ORS

                                                 914-WP-2080-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.2080 OF 2026


Suraj Kiran Mandal                                  …Petitioner
       Versus
Kajal Sen Suraj & Ors.                              …Respondents


Mr. Nilesh Pandit and Mr. Sachin Tiwari i/b. KNP & Co. Advocates,
for the Petitioner.
Mr. Shriniwas C. Singh, for the Respondent No.1.
Mrs. Savita M. Yadav, APP, for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     14th AUGUST 2026
PC:-


1.       Heard Mr. Pandit, learned Counsel appearing for the

Petitioner, Mr. Singh, learned Counsel appearing for Respondent

No.1 and Mrs. Yadav, learned APP, appearing for Respondent No.2-

State.



2.       At this stage, learned Counsel appearing for the Petitioner

tenders affidavit/undertaking dated 13th August 2026. The said

affidavit/undertaking is taken on record.




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3.       By the present Writ Petition, the challenge is to the legality

and validity of the order dated 9 th January 2026 passed by the

learned Judicial Magistrate First Class (“JMFC”), 66th Court,

Andheri, Mumbai in C. C. No. PW/66033584/2022. By the

impugned order, cash bail bond of the Petitioner is forfeited to the

Government and Non-Bailable Warrant has been issued and

Proclamation has also been issued against the Petitioner. The said

order dated 9th January 2026 is arising out of prosecution lodged

inter alia under Section 498A of the Indian Penal Code, 1860.



4.       The Petitioner is personally present in Court and states that

he will appear before the learned Trial Court on each and every

date.



5.       The second order which is challenged, is the order passed by

the learned JMFC, 66th Court, Andheri, Mumbai in Case

No.281/DV/2022. The said order passed in the D.V. proceedings

reads as under:


                                “ORDER
          Perused the application already arrest warrant order
          is passed but it is not executed. Hence Issue arrest
          warrant against N.A. Also for execution of arrest




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          warrant Vikhroli Police Station is directed to give
          special police for execution of arrest warrant. The
          application is directed to deposit bhatta for special
          police in concerned police station. The J.C. of this
          court is directed to issue letter to Vikhroli Police
          Station for special police aid for execution of arrest
          warrant.”

6.       It appears that the above order is dated 7th March 2026.



7.       It is required to be noted that in the D.V. proceedings, the

learned      JMFC,    66th   Court,   Vikhroli,   Mumbai,     in    C.C.

No.281/DV/2022 directed the Petitioner to pay an amount of

Rs.8,000/- per month to Respondent No.1 as interim maintenance

from the date of filing of the said Interim Application till the

disposal of the main Petition. The said order is challenged by the

present Petitioner by filing Criminal Appeal No.222 of 2024 before

the learned Sessions Court, Dindoshi, Mumbai, and the same is

pending.



8.       On the last day, grievance is made by the learned Counsel

appearing for Respondent No.1 that the Petitioner did not pay any

amount and an amount of Rs.3,64,000/- is in arrears.




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9.       Learned Counsel appearing for the Petitioner submitted that

as the impugned order is challenged, the merits concerning the

same will be considered in said Criminal Appeal No.222 of 2024.

However, he submits that the Petitioner is ready and willing to pay

the following amount without prejudice to the rights and

contentions of the Petitioner:



     i. An amount of Rs.25,000/-, immediately.



     ii. An amount of Rs.5,000/- per month on or before 7 th day of

         each month till the disposal of the said Appeal by the

         learned Sessions Court.



10.      The above particulars of payment are also stated in the

Affidavit dated 13th August 2026, which is tendered today in the

Court. The learned Counsel appearing for Respondent No.1, on

instructions of Respondent No.1, submits that without prejudice to

the rights and contentions of Respondent No.1, Respondent No.1 is

ready and willing to accept the said amount. He submits that in

view of the said statement, the Respondent No.1 has no objection

for setting aside the impugned orders.




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11.      Accordingly, by consent of the parties, the following order is

passed:



                                   ORDER



    i. The order dated 9th January 2026 passed by the learned

         JMFC,     66th   Court,      Andheri,   Mumbai,     in   C.C.

         No.PW/66033584/2022 of forfeiting the cash bail bond of

         the Petitioner to the Government and issuance of NBW and

         Proclamation is set aside.



    ii. The order of the learned JMFC, 66th Court, Andheri,

         Mumbai, in C.C. No.281/DV/2022 (Page 83 of the Writ

         Petition) issuing Arrest Warrant and directing the Vikhroli

         Police Station to give special police for execution of the

         Arrest Warrant is also quashed and set aside.



    iii. Till the disposal of Criminal Appeal No.222 of 2024 pending

         before the learned Sessions Court, Dindoshi, Mumbai, as per

         the statement made by the Petitioner, payment of Rs.5,000/-

         per month is directed to be made to Respondent No.1. The

         said statement is accepted as undertakings given to this



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         Court. First such payment will be made on or before 7 th

         September 2026.



    iv. It is specifically clarified that the above orders are quashed

         and set aside, as the Petitioner has undertaken to pay

         Rs.25,000/- immediately. Learned Counsel appearing for

         Respondent No.1 submits that the said amount has been

         paid to Respondent No.1 and the Petitioner agrees to pay

         Rs.5,000/- per month on or before 7th day of each month.



12.      The impugned orders are quashed only in view of the above

statements made by the Petitioner.



13.      It is clarified that these payments are without prejudice to

the rights and contentions of both the parties and the said Criminal

Appeal No.222 of 2024 be decided by the learned Sessions Court,

Dindoshi, Mumbai, without being influenced by these payments.



14.      In the facts and circumstances, the learned Sessions Court,

Dindoshi, Mumbai, is requested to expeditiously dispose of the

Criminal Appeal No.222 of 2024.




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          15.      Accordingly, the Writ Petition is disposed of in above terms.




                                                       [MADHAV J. JAMDAR, J.]



       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.08.14
       18:35:44
       +0530




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