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
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 118(2), 351(2), 351(3), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 483
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
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