Bombay High Court
ANIL ANKUSH KALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail is granted to the accused on execution of a personal bond with sureties, subject to standard conditions.
Summary
The applicant, Anil Ankush Kale, was charged under Sections 394 and 397 of the Indian Penal Code for a robbery allegedly committed on 7 December 2022. He has been in custody for more than three years with no substantive progress in the trial, and the Test Identification Parade was conducted only after the Court’s direction, which the Court found to have no evidentiary value. The prosecution argued that the stolen amount was recovered, the identification parade had identified the applicant, and that bail could enable the applicant to threaten witnesses. The defence contended that the prolonged pre‑trial detention violated the right to a speedy trial and that the identification parade was ineffective. The Court, noting the inordinate delay, the lack of evidentiary weight of the identification parade, and the applicant’s right to bail, ordered that bail be granted on execution of a Rs 30,000 personal bond with one or two sureties, subject to conditions. The order expressly limited the bail terms to preventing tampering with evidence or influencing witnesses and left the trial to proceed on its merits.
Issues considered
- Whether the prolonged pre‑trial detention of over three years justifies granting bail despite the seriousness of the offences under Sections 394 and 397 IPC.
- Whether the Test Identification Parade conducted after three years has any evidentiary value for the purpose of bail determination.
- Whether the risk of the accused influencing witnesses outweighs the right to bail.
Legislation cited
- Indian Penal Code, 1860 — s. 394, 397
Subjects
- bail
- pre‑trial detention
- identification parade
- robbery
- IPC Section 394
- IPC Section 397
- criminal procedure
- trial delay
- surety
Judgment
21-BA-2305-2025.doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2305 OF 2025
Anil Ankush Kale … Applicant/s
Versus
The State of Maharashtra … Respondent/s
_________________________________________________________________
Ms. Pooja Phagnekar, Advocate for the Applicant.
Mr. S. S. Pednekar, APP for Respondent-State.
PSI-V. B. Maskar, Shikrapur Police Station, Pune Rural, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 4th MARCH, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 1114 of 2022 registered with Shikrapur Police Station, District
Pune, for the offences punishable under Sections 394 and 397 of the
Indian Penal Code 1860.
2. It is prosecution’s case that on 7 th December 2022, the
applicant and co-accused barged into the shop of the first informant and
robbed an amount of Rs. 10,000/- by assaulting the first informant and
others with sickle.
Digitally 3. It is contention of learned counsel for the applicant that the
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date: applicant is behind bars for more than three years, yet there is no progress
2026.03.06
18:30:47
+0530
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21-BA-2305-2025.doc
Shubhada S Kadam
in the trial. Test Identification Parade was not conducted. Hence, requested
to allow the application.
4. It is contention of learned APP that the robbed amount is
recovered at the instance of the applicant. Test Identification Parade is
conducted and the applicant is identified. If the applicant is released on
bail, he may threaten the prosecution witnesses and requested to reject the
application.
5. I have heard both learned counsel, perused charge sheet and
documents produced on record. The Test Identification Parade is
conducted after three years of the incident, that too, after the directions of
this Court, so the said Test Identification Parade has no evidentiary value.
The applicant is behind bars for more than three years. There is no
progress in the trial. Considering these facts I pass the following order:
ORDER
(i) The applicant be enlarged on bail in Crime No. 1114 of 2022
registered with Shikrapur Police Station, District Pune, on
executing P.R.Bond in the sum of Rs.30,000/- with one or two
sureties in the like amount.
(ii) The applicant shall attend the concerned police station as and
when required.
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Shubhada S Kadam
(iii) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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