Bombay High Court

NANASAHEB SHANKARRAO GAIKWADversusTHE STATE OF MAHARASHTRA

Decided: 23 January 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The bail order must be amended to expressly mention Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999.

Summary

The High Court had earlier granted bail to the applicant, Nanasaheb Shankarrao Gaikwad, in a criminal bail application. The order dated 23 January 2026 omitted reference to Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, which were pleaded and later incorporated in the charge‑sheet. The applicant's counsel pointed out this omission and moved a precipe for correction. The Court held that the order must accurately reflect the statutory provisions under which the charges are framed. Accordingly, the Court directed that the bail order be amended to mention the said sections. The precipe was thereafter disposed.

Issues considered

Whether the bail order must be corrected to include reference to Sections 3(1)(ii) and 3(4) of the MCOCA Act.

Legislation cited

Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(4)

Subjects

bail
MCOCA
order correction
criminal procedure
high court

Judgment

501-P2-BA-4967-2024.doc

N.S.Kamble

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 4967 OF 2024

Nanasaheb Shankarrao Gaikwad … Applicant

Versus
The State of Maharashtra … Respondent
Digitally signed _________________________________________________________________
NILAM by NILAM
SANTOSH
SANTOSH KAMBLE
KAMBLE Date: 2026.02.18 Mr.Sandeep Salunkhe, for the Applicant.
15:23:10 +0530
Mr.Prashant P. Jadhav, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 12th FEBRUARY 2026

P.C. :

. Not on board. Taken on board.
2. This preceipe is moved for speaking to the minutes of order
dated 23rd January 2026, this Court has granted bail to the Applicant. In the
first paragraph of the order Sections 3(1)(ii) and 3(4) of the Maharashtra
Control of Organised Crime Act, 1999 (‘MCOCA Act’ for short) is not
mentioned, as these sections are mentioned by the learned counsel
appearing for the Applicant in the plaint as well as subsequently these
sections are also added in the charge-sheet, it should be mentioned.
3. Correction be made accordingly.
4. Preacipe is disposed of.

(SHIVKUMAR DIGE, J.)

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