Bombay High Court
GANESH SHIVAJI KALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail was granted because the applicant was not present at the crime, had no antecedents, and the trial was unduly delayed, subject to a cash bond and conditions to prevent interference.
Summary
The applicant, Ganesh Shivaji Kale, was charged with harboring co‑accused who had committed dacoity and assault with intent to kill, under several provisions of the Bharatiya Nyaya Sanhita, the Arms Act and MCOCA. He had been in custody for over a year, was not present at the time of the offence, and had no prior criminal record. The prosecution argued that he might tamper with evidence or threaten witnesses if released. The court noted the lack of personal involvement, the absence of antecedents, and the delay in trial, and therefore ordered bail on a cash bond with sureties and conditions to prevent interference with the investigation. The trial court was directed to continue the trial on its merits without being influenced by this order.
Issues considered
- Whether bail should be granted to an accused alleged to have harbored dacoity participants despite the seriousness of the offences.
- Whether the risk of tampering with evidence or influencing witnesses warrants denial of bail.
Legislation cited
- Arms Act — s. 4(25)
- Bharatiya Nyaya Sanhita, 2023 — s. 249, 310(2), 311, 317(3)
- Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(3), 3(4)
Subjects
- bail
- harboring
- dacoity
- organized crime
- arms act
- trial delay
- surety
Judgment
21-BA-1077-2026 (CR).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1077 OF 2026
Ganesh Shivaji Kale ...Applicant
VERSUS
State Of Maharashtra ...Respondent
NILAM
Digitally signed
by NILAM
____________________________________________________________
SANTOSH
SANTOSH KAMBLE
KAMBLE Date: 2026.04.30
15:06:59 +0530 Mr.Shailesh Kharat, for the Applicant.
Mr.P.P. Jadhav, APP for Respondent-State.
Ms.Vaishali Bhabad, PSI, Chakan Police Station.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th APRIL 2026
P.C. :
. By this Application, the Applicant is seeking regular bail in
Crime No.114 of 2025 registered with Chakan Police Station, Pune, for the
offences punishable under Sections 310(2), 311, 317(3), 249 of the
Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short), Sections 4(25) of the Arms
Act and Sections 3(1)(ii), 3(3) and 3(4) of the The Maharashtra Control of
Organised Crime Act, 1999 (‘MCOCA Act’ for short).
2. It is prosecution’s case that on 24th February 2025, co-accused
entered in the house of the First Informant and robbed the gold ornaments
and assaulted the son and daughter-in-law of the First Informant with knife
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21-BA-1077-2026 (CR).doc
N.S.Kamble
with an intention to kill them. It is alleged that after dacoity the Applicant
gave shelter to the co-accused and provided food to them.
3. It is contention of learned counsel for the Applicant that the
Applicant is behind bars for more than one year. He was not present at the
time of incident. The Applicant has no antecedents. There is no progress in
trial. It may take time to conclude the trial, and requested to allow the
Application.
4. It is contention of learned APP that the Applicant gave shelter to
the co-accused who committed dacoity in the house of the First Informant
and assaulted his family members with knife with an intention to kill them.
All weapons were kept in the house of the Applicant. If the Applicant
released on bail, he may abscond or threaten First Informant and
prosecution witnesses, and requested to reject the Application.
5. I have heard both learned counsel. Perused charge-sheet.
6. The Applicant was not present at the time of dacoity. The
allegations against the Applicant are of harboring the co-accused who
committed dacoity. The Applicant is behind bars for more than one year.
The Applicant has no antecedents. There is no progress in trial. It may take
time to conclude the trial.
7. Considering these facts, I pass following order.
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21-BA-1077-2026 (CR).doc
N.S.Kamble
ORDER
(i) The Applicant be released on bail in Crime No.114 of
2025 registered with Chakan Police Station, Pune, on
furnishing PR bond of Rs.25,000/- with one or two solvent
sureties in the like amount.
(ii) The Applicant shall not tamper with the evidence
and/or influence the prosecution witnesses.
(iii) The Trial Court shall decide the case on its own
merits and in accordance with law, uninfluenced by the
observations made in this order.
(iv) The Applicant shall attend the concerned Police
Station as and when required.
(v) Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
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