Bombay High Court

MANOJ MOHAN JADHAVversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: MEHROZ K PATHAN

Holding

The non‑bailable warrant is quashed subject to the petitioner depositing Rs.1,50,000, and the petition is disposed of.

Summary

Manoj Mohan Jadhav filed a criminal writ petition seeking, among other reliefs, that a 20% compensation be made a pre‑condition for suspension of his sentence (prayer clause‑B). The Court allowed him to withdraw that prayer and dismissed that part of the petition. He then offered to deposit Rs.1,50,000 within two weeks, and the Court, taking this into account, set aside the non‑bailable warrant issued against him, subject to the deposit. The warrant was therefore quashed, and the writ petition was disposed of on the terms specified. The order reflects the Court’s discretion to condition relief on a monetary deposit and to cancel a warrant when the petitioner complies.

Issues considered

Whether a prayer making compensation a pre‑condition for suspension of sentence can be entertained.
Whether a non‑bailable warrant can be quashed on the condition that the petitioner deposits a specified amount.

Subjects

criminal writ petition
non‑bailable warrant
suspension of sentence
compensation
bail conditions
High Court of Bombay

Judgment

2026:BHC-AUG:10429



                                                     1
                                                                            312.26WP

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                          20 CRIMINAL WRIT PETITION NO. 312 OF 2026
                                    MANOJ MOHAN JADHAV
                                               VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER
                                                   ...
                               Advocate for the Petitioner : Mr.A.S.More
                              APP for Respondent-State : Mr.R.K.Ingole
                                                   …
                                              CORAM : MEHROZ K. PATHAN, J.
                                              DATE       : 09.03.2026

                     P.C. :

                     1]           At the outset the learned counsel for the
                     petitioner seeks permission to withdraw prayer clause-B as
                     this Court was not inclined to entertain the said prayer
                     clause on merits, which is imposing 20% amount of the
                     compensation as pre-condition for suspension of sentence
                     during pendency of Criminal Appeal No.11/2025.


                     2]           Permission is granted. The Criminal Writ Petition
                     is dismissed as withdrawn to the extent of prayer clause-B of
                     the Writ Petition.


                     3]           In so far as prayer clause-C of the Writ Petition is
                     concerned, at the outset the learned counsel for the petitioner
                     submits that the petitioner is ready to deposit an amount of
                     Rs.1,50,000/- lacs within a period of two weeks.
                                 2
                                                          312.26WP

4]              Taking into consideration aforesaid submission,
non-bailable warrant issued against the petitioner vide order
dated 16.02.2026 shall stand cancelled subject to petitioner
depositing an amount of Rs.1,50,000/- before the Appellate
Court    i.e.   Additional   Sessions   Judge,   Bhoom,    District
Osmanabad where Criminal Appeal No.11/2025 filed by the
petitioner is pending. Hence the following order :


                              ORDER


i]              The order dated 16.02.2026 passed by the
learned Additional Sessions Judge, Bhoom, issuing non-
bailable warrant against the present petitioner is hereby
quashed and set aside subject to petitioner depositing an
amount of Rs.1,50,000/- before the Appellate Court i.e.
Additional Sessions Judge, Bhoom, within a period of two
weeks.


ii]             The Writ Petition is, therefore, disposed of in
above terms.


                                        [MEHROZ K. PATHAN]
                                              JUDGE
DDC

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