Created by Fuzzy Cloud

Bombay High Court

GANESH DATTATRAY PINGALEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to the conditions specified in the order.

Summary

The High Court considered a bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 by Ganesh Dattatray Pingale, who is accused of causing grievous hurt to a relative during a land dispute. The FIR alleges that the applicant entered the victim’s agricultural field, a verbal altercation escalated, and the applicant used a stick found nearby to assault the victim, resulting in injury. The court observed that the applicant has no prior criminal record, the incident appears to have been spontaneous without pre‑meditation, and the applicant has already been in custody for 52 days. Balancing the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023 with the applicant’s personal circumstances, the court held that further detention was unnecessary. Consequently, bail was granted on a Rs. 25,000 bond with one or two sureties and a series of strict reporting, residence, non‑interference and travel conditions, without prejudice to the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 483 BNSS 2023 considering the nature of the offences and the risk of tampering with evidence or influencing witnesses.
  • Whether the alleged assault was pre‑meditated or a spontaneous act arising from a family land dispute.

Legislation cited

Subjects

  • bail
  • grievous hurt
  • land dispute
  • family dispute
  • premeditation
  • criminal procedure
  • BNSS 2023
  • BNS 2023
  • section 483

Judgment

                                                                            4. BA 3418-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                        BAIL APPLICATION NO. 3418 OF 2026

                      Ganesh Dattatray Pingale                       .Applicant

                                  Vs.

                      The State of Maharashtra                       .Respondent

ANAND                 Mr. Ghanasham Jadhav a/w. Mr. Suraj N. Naik, Advocates, for the
SUDHAKAR              Applicant
SUDAME                Mr. Rajeshree V. Newton, APP, for the Respondent – State
Digitally signed by
ANAND SUDHAKAR
SUDAME
                      Mr. Aniket Bomble, Advocate, for the First Informant
Date: 2026.09.10
11:02:55 +0530        Mr. Pandit S. Majare, PSI, Shikrapur Police Station, Pune(Rural)
                      present

                                           CORAM : MILIND N. JADHAV, J.

                                           DATE   : 09.09.2026
                      P. C.

                      1.      Heard Mr. Jadhav, learned Counsel for the Applicant, Ms.

                      Newton, learned APP for the Respondent – State and Mr. Bomble,

                      learned Counsel for the First Informant.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 635 of 2026 registered with the Shikrapur Police Station,

                      Pune(Rural) for offences punishable under Sections 118(1), 118(2),

                      115(2), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023

                      (for short “BNS”).


                      Anand                            1 of 6
                                                         4. BA 3418-2026.doc

3.      The Applicant in the present matter is indicted for an offence for

causing grievous hurt to the victim. The Applicant and the victim are

relatives. Prima facie, reading of the First Information Report, a copy of

which is appended at page 13 itself shows that due to certain land

dispute, the Applicant entered the agricultural field, where the victim

along with her husband were doing farming of Soyabean. A verbal

altercation occurred which is prima facie seen from the FIR pursuant to

which it escalated, abuses were hurled at each other and thereafter,

there was a fist fight. In the process, according to the prosecution case,

the Applicant took a stick which was lying nearby and assaulted the

victim thereby causing him grievous hurt. The Injury Certificate is

placed before me. The learned APP states that investigating officer is

still investigating the matter. The Medical Certificate dated 22.07.2026

is placed before me by learned Counsel for the Applicant. I have

perused the same. There is no doubt that the injury did occur and the

incident did occur. But what is important for the Court to see is the

motive of the crime as also whether the said offence was premeditated

or conspired otherwise. The incident undoubtedly occurred in view of a

dispute which is clearly seen from the verbal altercation which

occurred with regard to the victim and her husband cultivating the

agricultural field. Since it has come on record that the Applicant and


Anand                              2 of 6
                                                       4. BA 3418-2026.doc

the victim’s family were all related to each other, there could be a

possibility of a family dispute. Otherwise, it is imprudent for any

person to just go and walk into anybody’s agricultural field and have a

verbal altercation which could lead to an escalation of a fight.

Applicant had no antecedents. Considering the fact that the incident

occurred without any premeditation and the stick which was lying

nearby in the field was used and the Applicant having undergone

custody for 52 days, his further custody is not required. Needless to

state that granting Applicant bail does not mean that the Court has

exonerated him. His complicity in the trial will otherwise be proved at

trial. However, considering the request made by the learned Counsel

for the Complainant, who has entered appearance today, the bail

granted to the Applicant will be subject to stringent conditions. The

Application is granted on the following terms and conditions.

4.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

           (i)   Applicant – Ganesh Dattatray Pingale is directed to be

                 immediately released from prison in connection with

                 CR. No. 635 of 2026;


           (ii) The Applicant is directed to be released on bail on

Anand                             3 of 6
                                                        4. BA 3418-2026.doc

             furnishing P. R. Bond of Rs. 25,000/- (Rs. Twenty Five

             Thousand only) with one or two sureties in the like

             amount;


        (iii) The Applicant shall report to the Investigating Officer at

             Shikrapur Police Station, Pune(Rural), twice every

             month, on the first Monday and third Friday of the

             month between 10:00 a.m. to 12:00 p.m. until

             commencement of trial and thereafter shall attend all

             dates of hearing before the Trial Court;


        (iv) The Applicant shall co-operate with the conduct of the

             trial and remain present before the Trial Court on all

             dates, unless specifically exempted. The Applicant shall

             not seek unnecessary adjournments. Any such conduct

             shall entitle the prosecution to apply for cancellation of

             bail;


        (v) The Applicant shall not leave the State of Maharashtra

             without the prior permission of the Trial Court and he

             shall deposit his passport with the Trial Court on his

             release;


        (vi) The Applicant shall not influence any of the witnesses


Anand                           4 of 6
                                                           4. BA 3418-2026.doc

                 or tamper with the evidence in any manner;


           (vii) The Applicant shall keep the Investigating Officer

                 informed of his current residential address and mobile

                 telephone number and shall forthwith inform the

                 Investigating Officer of any change in his residential

                 address or mobile telephone number, as and when such

                 change occurs;


           (viii) The Applicant shall not enter the jurisdiction of the

                 Shikrapur Police Station, Pune(Rural) till the beginning

                 of the trial and the village where the victim is staying

                 except for recording his attendance as directed;


           (ix) Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicant.


5.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.


Anand                               5 of 6
                                                     4. BA 3418-2026.doc

6.      The Bail Application No. 3418 of 2026 is allowed and disposed

of in the above terms.



                                              (MILIND N. JADHAV, J.)




Anand                            6 of 6


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.