Bombay High Court
KARANSINGH SURJITSING BHADAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court granted bail to the applicant with specified conditions.
Summary
Karansingh Surjitsing Bhada applied for regular bail in a case of robbery and organized crime offences under IPC s.392 r/w s.34 and the Maharashtra Control of Organized Crime Act. He has been in custody for over two years with no trial progress, while a co-accused with similar charges has been released on bail. The prosecution highlighted nine prior convictions and the risk that the applicant might abscond or tamper with witnesses. The Court noted the prolonged detention and the disparity with the co-accused, and granted bail on a cash bond of Rs.30,000 with sureties, imposing conditions to attend police, not tamper with evidence, and avoid certain districts. The bail order was made subject to these conditions and the application was disposed.
Issues considered
- Whether the applicant is entitled to bail despite a two‑year pre‑trial detention and nine antecedents
- Whether the risk of absconding or tampering with witnesses justifies denial of bail
- Whether the bail conditions imposed are reasonable and proportionate
Legislation cited
- Indian Penal Code, 1860 — s. 34, 392
- Maharashtra Control of Organized Crime Act, 1999 — s. 3(1)(ii), 3(4)
Subjects
- bail
- pre‑trial detention
- organized crime
- robbery
- Indian Penal Code
- Maharashtra Control of Organized Crime Act
- surety
- court conditions
Judgment
12-BA-5015-2024 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 5015 OF 2024
Karansingh Surjitsing Bhada … Applicant
Versus
The State of Maharashtra … Respondent
_________________________________________________________________
Mr. Aniket Nikam a/w. Mr. Dushyant Digamber i/b. Mr. Amit Icham,
Digitally signed
by SONALI
SONALI SATISH
KILAJE
SATISH Date:
Advocates for the Applicant.
KILAJE 2026.01.31
17:04:50
+0700
Mr. B. B. Kulkarni, APP for the Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th JANUARY, 2026.
P.C. :
1. By this application, the Applicant is seeking regular bail in
C.R.No. 560 of 2023 registered with Bhosari Police Station, Pune, for the
offences punishable under Sections 392 r/w. 34 of Indian Penal Code,
1860 (for short “IPC”) and Sections 3(1)(ii), 3(4) of the Maharashtra
Control of Organized Crime Act, 1999.
2. It is prosecution’s case that on 08.07.2023, around 5.30 a.m.,
the applicant and co-accused snatched the gold chain of the first
informant and ran away.
3. It is contention of learned counsel for the applicant that the
applicant is behind bars for more than two years. There is no progress in
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S.S.Kilaje
the trial. The co-accused, gang-leader, having similar allegations has been
released on bail and requested to allow the application.
4. It is contention of learned APP that the applicant has nine
antecedents. The gold chain of the first informant is recovered at the
instance of the applicant. If the applicant released on bail, he may abscond
or threaten prosecution witnesses. Hence, requested to reject the
application.
5. I have heard both the learned counsel. Perused chargesheet
and documents produced on record. The applicant is behind bars for two
years. There is no progress in the trial. The co-accused having similar
allegations have been released on bail. Considering these facts, I pass
following order.
ORDER
i. The applicant be enlarged on bail in C.R.No. 560 of
2023 registered with Bhosari Police Station, Pune, on
executing P.R.Bond of Rs. 30,000/- on furnishing one
or two sureties in the like amount.
ii. The applicant shall attend the concerned police station
as and when required.
iii. The applicant shall not tamper with the evidence or
attempt to influence or contact the complainant,
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S.S.Kilaje
witnesses or any person concerned with the case.
iv. The applicant shall not enter in Pune and Pimpri
Chinchwad District, till recording evidence of first
informant.
6. The application is allowed in the aforesaid terms and is
accordingly disposed of. All pending applications, if any, disposed of.
7. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
8. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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