Bombay High Court
GANESH BAJIRAO DHAMALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant on the terms and conditions specified by the court.
Summary
The applicant, Ganesh Bajirao Dhamale, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under IPC sections 307, 147, 148, 149, the Arms Act and the Bombay Police Act. He had been in custody from 2019 to 2026, released on default bail in 2020, and later proclaimed an absconder in 2025, leading to his re‑arrest. The court noted that a co‑accused had been granted bail under similar circumstances and applied the same yardstick. It held that the applicant was entitled to bail, subject to a detailed bond and strict reporting and conduct conditions. The bail was granted and the application disposed.
Issues considered
- Whether bail can be granted to a proclaimed offender under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Whether the applicant’s prolonged custody and prior default bail affect the bail decision
- Whether the bail granted to a co‑accused is a suitable precedent for the applicant
Legislation cited
- Arms Act — s. 4(25)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bombay Police Act — s. 135, 37
- Indian Penal Code — s. 147, 148, 149, 307
Subjects
- bail
- criminal procedure
- proclamation
- absconder
- IPC
- Arms Act
- Bombay Police Act
- conditions of bail
Judgment
58. BA-2516-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2516 OF 2026
Ganesh Bajirao Dhamale .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Ms. Shubhangi Parulekar a/w Mr. Sudarshan Dongre, Advocates for
Applicant
Mr. Sukanta A. Karmakar, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 29, 2026
P. C.:
1. Heard Ms. Parulekar, learned Advocate for Applicant and Mr.
Karmakar, learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.
552/2009 registered with Sangvi Police Station, Pune for the offences
punishable under Sections 307, 147, 148, 149 of the Indian Penal
Code, 1860 (for short "IPC") and under Section 4(25) of Arms Act and
under Sections 37 and 135 of Bombay Police Act.
3. Appended at page No. 51 is an application which the lawyer of
the Applicant had specifically filed before the Sessions Court with
regard to the status of the Applicant being in custody despite and
notwithstanding that proclamation has been issued declaring the
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Applicant to be an absconder or proclaimed offender in the present
case and pursuant thereto he has been taken into custody.
4. It is prima facie seen that the Applicant has been behind bars
between 2019 to 2026 for a substantial period of time. The details are
placed on record by Ms. Parulekar. What I find from the record is the
fact that the the Applicant in the present crime was released on default
bail on 09.03.2020 and the proclamation was issued on 17.01.2025
pursuant to which he has been arrested.
5. Similar is the case of the co-accused person - Gajanan Motiram
Gajare who has been enlarged on bail by the learned Trial Court vide
order dated 13.03.2025 below Exhibit 28, copy of which is appended
at page Nos. 52-54 of the Application. Applicant's case is no different
and the same yardstick should apply to the Applicant. Hence, the
Applicant is released on bail on the following terms and conditions:-
(i) Applicant is directed to be immediately released on bail
from prison in connection with C.R. No. 552/2009;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
only) with one or two sureties in the like amount;
(iii) Applicant shall report to the Investigating Officer at
concerned Police Station, once every month on the first
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Sunday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
6. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
7. Bail Application is allowed and disposed of in the above terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.09.29
20:17:30 +0530
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