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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

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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                                                         58. BA-2516-26.odt


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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