Mr Salman Shaikh vs. The State Of Madhya Pradesh
Held
The Court held that the financial constraints faced by the petitioner warranted a modification of the bail conditions. The Court amended condition No.7 of the bail order dated 17.10.2025. The petitioner is now required to deposit Rs.5.00 Lakhs within three months from the date of the order. Subsequently, he must deposit Rs.10.00 Lakhs every six months until the total deposited amount reaches Rs.50.00 Lakhs. The Court clarified that this deposit would not be treated as an admission of guilt by the petitioner. All other conditions of the original bail order dated 17.10.2025 remain intact. The Court also stated that in case of further default, the earlier order would be enforced. The petition was disposed of with these directions.
Facts
The petitioner, Mr. Salman Shaikh, filed a petition under Section 528 read with Section 483(1)(B) of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking modification of bail conditions imposed by an order dated 17.10.2025 in M.Cr.C. No.47198/2025. The petitioner argued that due to the ongoing prosecution and incarceration, he faced financial difficulties in restarting his business and complying with condition No.7 of the bail order. He had already deposited Rs.15.00 Lakhs and proposed to deposit an additional Rs.5.00 Lakhs within three months, followed by further installments to reach a total of Rs.50.00 Lakhs. The State was the respondent. The specific tax period and the exact nature of the GST issue were not detailed, but a "GST Suspension Order" was mentioned.
Key Issues
1. Whether the condition No.7 of the bail order dated 17.10.2025, requiring a specific deposit amount, should be modified or relaxed in light of the petitioner's alleged financial crisis and difficulty in restarting his business. Petitioner's arguments: The petitioner contended that the financial crisis arose after the prosecution was lodged and he was incarcerated, making it difficult to comply with the existing bail condition. He highlighted his efforts to restart his business and his willingness to deposit the remaining amount in installments. He relied on his bank statement and the GST Suspension Order as evidence of his financial strain. Revenue/State's arguments: The judgment records that both parties were heard and the record was perused. No specific arguments were recorded for the respondent/State.
Sections Cited
Section 528, Section 483(1)(B)
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Cause title — parties, addresses and appearances
ORDER Heard on petition under Section 528 r/w Section 483(1)(B) of the Bhartiya Nagrik Suraksha Sanhita, 2023 filed by the petitioner seeking modification/relaxation of condition(s) for grant of bail imposed vide order dated 17.10.2025, passed in M.Cr.C. No.47198/2025.
Learned counsel for the petitioner referring to the bank statement and GST Suspension Order against applicant submits that the petitioner is facing financial crisis after the present prosecution is lodged against him and he was incarcerated. He had to restart business, therefore, he is facing difficulty in complying with the condition No.7 of order dated 17.10.2025, passed in M.Cr.C. No.47198/2025. The condition may be relaxed. Learned counsel further submits that the petitioner had already deposited Rs.15.00 Lakhs in compliance with the order dated 17.10.2025. He is ready to
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