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2026 DAILYLAW 9950 (BOM)

SHAMA ABDUL PINJARI v. STATE OF MAHARASHTRA

BA/1277/2025 · 2026-09-22

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Judgment text

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33. BA-1277-25.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1277 OF 2025 Shama Abdul Pinjari .. Applicant Versus State of Maharashtra & Anr. .. Respondents ....................  Mr. Sundeep Singh a/w Ms. Reshma Shaikh, Advocates for Applicant  Mr. Sukanta A. Karmakar, APP for State  Mr. Ajinkya Udane, Advocate for Respondent No. 2 - Complainant  Mr. Sharad Yashwant Patil, PSI, Gangapur Police Station ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 22, 2026 P. C. : 1. Heard Mr. Singh, learned Advocate for Applicant; Mr. Karmakar, learned APP for State and Mr. Udane, learned Advocate for Respondent No. 2 - Complainant. 2. Present Bail Application is filed under Section 439 of Cr.P.C. seeking bail in connection with C.R. No. 225 of 2024 registered with Gangapur Police Station. 3. In compliance of the order dated 01.09.2026, Applicant herself has filed her affidavit-cum-undertaking, inter alia, stating that she will pay the balance amount as stated in paragraph No. 5 of the said affidavit in 13 monthly installments out of which the first installment of Rs. 2,00,000 has been paid by demand draft today itself. 1 of 4 33. BA-1277-25.odt 4. Mr. Singh clarified that demand draft of Rs. 1.30 Lakhs has been paid today and the balance Rs. 70,000/- shall be paid within two days from today since the fund arrangement is required to be made accordingly. I accept the above submissions because the same is part of the affidavit of compliance filed by the Applicant through a jail where she is housed. The affidavit is taken on record by the Court. 5. Mr. Udane in his usual fair-mindedness, informs the Court that the affidavit is fair, and in the event if the amounts are to be returned back to the Complainant, she would have no grievances. Conduct of Mr. Udane in arguing the present matter is appreciated by the Court. The Complainant is also present in the Court. 6. Considering the fact that the Applicant before me is a woman and she herself has shown the inclination of making the payment, the Applicant would be better off if she is granted bail so that she will be in a position to arrange the balance amounts. 7. This Court is also conscious of the fact that grant of bail on conditions of deposit should not be granted. But in the facts and circumstances of the present case which have been argued before the Court and which have been delineated in the previous order as also the bona fides of the Applicant which have been shown to the Court, the Court is inclined to accept the submissions made by Mr. Singh. 2 of 4 33. BA-1277-25.odt 8. Hence, the Applicant is therefore directed to be released on bail on the following terms and conditions:- (i) Applicant is directed to be immediately released on bail from prison in connection with C.R. No. 225 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Gangapur Police Station, once every month on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if she does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court. She shall deposit her passport, if any, with the Trial Court within one week of being released from prison; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; 3 of 4 33. BA-1277-25.odt (vii) Applicant shall keep the Investigating Officer informed of her current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 9. It is however clarified on the request made by Mr. Udane that the amount of Rs. 36,50,000/- as per the chargesheet is the amount which is due and payable. Contention of the Complainant that she has given more amount over and above the aforesaid amount is otherwise kept open to be adjudicated in appropriate proceedings in accordance with law. 10. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 11. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.22 15:08:05 +0530