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Bombay High Court
Bankesh Bhavsar S/O Baldev Bhavsar vs The State Of Maharashtra And Anr on 16 January, 2026
18 APEAL 1407-19-CR.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1407 OF 2019
Bankesh Bhavsar s/o Baldev Bhavsar ...Appellant
Versus
State of Maharashtra and anr. ...Respondents
Mr. Manish Bohra, for the Appellant.
Ms. Anubha Rastogi, for the Respondent No.2.
Ms. Shilpa K. Gajare, APP, for the State.
SHEPHALI
SANJAY CORAM: R. M. JOSHI, J.
MORMARE
DATED: 16th JANUARY, 2026.
1. This Court by order dated 28th April, 2022 had enlarged the
Appellant on bail on furnishing P. R. Bond in the sum of Rs.
25,000/- with one or more sureties in the like amount. For the
time being, for twelve weeks in the said sum, he was permitted to
furnish cash bail. The Appellant was also directed to deposit a sum
of Rs.2 lakhs before the Trial Court towards fine amount within
twelve weeks.
2. Admittedly, as on today, none of these conditions imposed
by the Court for grant of bail are complied with.
3. Learned counsel for the Appellant seeks four weeks time to
comply with the said conditions.
th
16 January, 2026.
18 APEAL 1407-19-CR.DOC
4. Appellant is present in the Court.
5. Learned counsel for the Respondent No.2 has drawn
attention of this Court to the order dated 10 th January, 2024 passed
by this Court, whereby the application for relaxation of afore-
stated condition was rejected.
6. This Court on 28th November, 2025 had issued bailable
warrant against the Appellant. When a bailable warrant was issued
atleast then it was accepted from the Appellant to comply with the
conditions imposed by order dated 28 th April, 2022, which has not
been done till date.
7. It is not in dispute that by the order dated 28 th April, 2022
the Appellant was granted conditional bail with following order :-
" ORDER
(i) Interim Application Nos.785 of 2019, 786 of
2019 and 1245 of 2022 are allowed and disposed
of;
(ii) The sentence of imprisonment imposed vide
judgment and order dated 23 rd September, 2019
passed by learned SEBI Special Judge, City Civil &
Sessions Court, Greater Bombay in SEBI Special
Case No. 287 of 2014 is suspended and applicant is
directed to be released on bail on executing PR
bond in the sum of Rs.25,000/- with one or more
sureties in the like amount;
(iii) The applicant is permitted to furnish cash
bail in the sum of Rs.25,000/- for twelve weeks;
th
16 January, 2026.
18 APEAL 1407-19-CR.DOC
(iv) The applicant shall deposit Rs.2,00,000/-
before Trial Court towards the amount within
twelve weeks from today;
(v) The applicant shall attend Trial Court once in
six months on First Saturday of the month till
disposal of the Criminal Appeal;
(vi) In the event there are two consecutive
defaults in attending the Trial Court, the Trial Court
shall submit report to this Court;
(vii) In the event of default committed by the
applicant in attending the Trial Court, the
prosecution will be at liberty to prefer application
for cancellation of bail."
8. This Court had granted twelve weeks time for compliance of
the conditions recorded therein.
9. It is not disputed that the Appellant has not complied with
the said condition and in fact has moved another application for
relaxation of the condition imposed. This application came to be
rejected by order dated 10th January, 2024. The relevant portion
of the said order is reproduced herein below:-
"5. For the reasons mentioned in the application,
in the interest of justice, I am inclined to extend the
time to comply with the order by a period of 12
weeks from today. It is pointed out by learned
counsel for respondent No.2 that the applicant has
not been attending the trial Court despite specific
directions of this Court.
6. Learned counsel for the applicant tendered an
unconditional apology. On instructions, learned
counsel for the applicant assures this Court that the
orders passed by this Court including the condition
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16 January, 2026.
18 APEAL 1407-19-CR.DOC
of attendance shall be strictly followed by the
applicant. It is made clear that if any of the
conditions are violated, this Court will not hesitate
to take serious view."
10. It was observed therein that if the conditions are violated,
the Court will not hesitate to take serious view.
11. The above order clearly indicates that the learned counsel
for the Appellant has tendered unconditional apology and
assurance was given to the Court that the orders passed by this
Court including conditions shall be strictly followed by the
Appellant.
12. Learned counsel for the Respondent No.2 made specific
allegations that Appellant has not caused attendance as directed by
this Court and as such there is a violation of the conditions
imposed while granting bail.
13. Learned counsel for the Appellant further submits that in
view of the order passed by this Court on 28 th April, 2022 and 10th
January, 2024, there would be no justification to grant any further
time to Appellant for compliance of the conditions. The time
already lapsed is more than sufficient. This Court, therefore, finds
no hesitation to hold that the Appellant was never intending to
comply with conditions of bail. Thus, there is failure on the part of
the Appellant to comply with order passed by this Court and which
becomes ground to recall the said order dated 28th April, 2022.
14. In view of the above, the order dated 28 th April, 2022 stands
recalled for non-compliance of the conditions.
th
16 January, 2026.
18 APEAL 1407-19-CR.DOC
15. The Appellant/Applicant be take into custody.
16. He be sent to the jail for undergoing sentence as imposed in
SEBI Special case No. 287 of 2014.
17. In view of the above, the Appellant be produced before the
Trial Court tomorrow, i.e., 17th January 2026. The Trial Court to
issue appropriate warrant for Appellant to undergo sentence.
18. Stand over to 9th February, 2026.
(R. M. JOSHI, J.)
{
th
16 January, 2026.
