Bombay High Court

MAHADYA @ MAHADEV DUNDAPPA DINDUREversusTHE STATE OF MAHARASHTRA

Decided: 28 January 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The Court held that the bail order must be corrected to expressly reference Sections 3(1)(ii) and 3(4) of the MCOCA Act.

Summary

The applicant, Mahadya @ Mahadev Dundappa Dindure, was granted bail by the High Court on 28 January 2026. The bail order failed to mention Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, which were pleaded and listed in the charge‑sheet. The applicant’s counsel pointed out this omission and sought a correction. The Court examined whether the bail order must expressly refer to the statutory provisions invoked against the accused. Finding that the sections were integral to the charge, the Court directed that the order be amended to include them. The precept was thereafter disposed.

Issues considered

Whether a bail order under MCOCA must expressly mention the specific statutory sections alleged in the charge‑sheet.

Legislation cited

Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(4)

Subjects

MCOCA
bail
order correction
criminal procedure
section citation

Judgment

501-P2-BA-201-2025.doc

N.S.Kamble

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 201 OF 2025

Mahadya @ Mahadev Dundappa Dindure … Applicant
Versus
The State of Maharashtra … Respondent
________________________________________________________
Digitally signed
NILAM by NILAM
SANTOSH
SANTOSH KAMBLE
KAMBLE Date: 2026.02.16
12:41:24 +0530
Mr.Ibrahim A. Shaikh, for the Applicant.
Ms.R.D. Humane, APP for Respondent-State.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 12th FEBRUARY 2026

P.C. :

. Not on board. Taken on board.
2. This preceipe is moved for speaking to the minutes of order
dated 28th January 2026, this Court has granted bail to the Applicant.
In the first paragraph of the order Sections 3(1)(ii) and 3(4) of the The
Maharashtra Control of Organised Crime Act, 1999 (‘MCOCA Act’ for
short) is not mentioned, as these sections are mentioned by the learned
counsel appearing for the Applicant in the plaint as well as sections are
also mentioned in the charge-sheet, it should be mentioned.
3. Correction be made accordingly.
4. Preacipe is disposed of.

(SHIVKUMAR DIGE, J.)

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