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Bombay High Court

DEEPAK GULAB BHATAMBREKARversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that bail should be granted to the applicant pending the final disposal of the appeal, subject to prescribed conditions.

Summary

The applicant, Deepak Gulab Bhatambrekar, was convicted of murder and conspiracy (IPC Sections 302, 139 read with 120‑B) and sentenced to life imprisonment with a fine. He filed an interim bail application, arguing that the prosecution’s case was unreliable due to the absence of independent witnesses and questionable CCTV footage. The respondent highlighted the trial court’s findings supporting the conviction. Citing the Supreme Court’s decision in Saudan Singh v. State of Uttar Pradesh (2023) and noting that the applicant had previously been on bail during trial without misusing liberty, the court also considered parity with co‑accused who were granted bail. The High Court allowed the bail application, imposing a personal bond of Rs.25,000 with sureties and conditions for reporting to the trial court.

Issues considered

  • Whether bail can be granted to a person convicted of murder and conspiracy (IPC 302, 139, 120‑B) pending an appeal.
  • Whether the alleged failure to examine independent witnesses and the disputed CCTV footage affect the reliability of the prosecution’s case enough to warrant bail.
  • Whether parity with other accused who were granted bail and the applicant’s prior bail during trial justify release on bail.

Legislation cited

Subjects

  • bail
  • life imprisonment
  • murder
  • conspiracy
  • IPC
  • criminal appeal
  • parity
  • Supreme Court precedent

Judgment

                                                         306. IA 1148-2026.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.1148 OF 2026
                                        IN
                          CRIMINAL APPEAL NO.336 OF 2026

Deepak Gulab Bhatambrekar                         ….    Applicant
         Versus
The State of Maharashtra                          …     Respondent
                                    …..
Mr. Satyam Harshad Nimbalkar i/b Mr. Abhishek U. Arote for the
Applicant.
Mr. Amit A. Palkar, A.P.P. for the Respondent-State.
                                    …..
                                CORAM: M.S. KARNIK &
                                         SANDESH D. PATIL, JJ.

                                   DATED : 14th AUGUST 2026
P.C.

1.        By the present Application, the Applicant is seeking his release

on bail.          The Applicant was convicted and sentenced under the

provisions of Sections 302, 139 read with 120-B of the Indian Penal

Code, 1860. The Applicant was convicted to undergo imprisonment

of life with a fine of Rs.5000/-.


2.        We have heard the learned Counsel appearing for the parties.


3.        The learned Counsel appearing for the Applicant submitted


RaJesh Chittewan, PS                                                        1/4
                                                         306. IA 1148-2026.doc

that the Applicant was arrested on 12 th January 2010. He further

submitted that the impugned judgment and order was passed on 19 th

May 2016 and that the hearing of this Appeal will require some time.

The learned Counsel for the Applicant has pointed out that no

independent witnesses were examined. He submitted that failure to

examine key witness renders the prosecution’s version inherently

unreliable.            He further submitted that the CCTV footage of the

incident, on which the conviction is based, does not infact support

the version of the prosecution.


4.        The learned A.P.P. appearing for the Respondent has invited our

attention to the observations of the learned Trial Court while

convicting the Applicant.


5.        The impugned judgment and order was passed on 19 th May

2016. The Applicant is behind bar since the date of conviction. It is

unlikely that the matter can be heard immediately itself and in view

of the taking into consideration the law laid down by the Hon’ble

Apex Court in the matter of Saudan Singh Vs. State of Uttar Pradesh,

[(2023) 17 SCC 446], we are inclined to release the Applicant on

bail. The Applicant was on bail during the pendency of the trial, he


RaJesh Chittewan, PS                                                        2/4
                                                                  306. IA 1148-2026.doc

has not misused his liberty. In addition to this, the other accused

were granted bail by this Court. Hence, on the ground of parity as

well, the Applicant deserves to be released on bail. Hence, the

Application is allowed on the following conditions :-


                                    :ORDER:


        (i) The Applicant be released on bail in connection
                with   the   offence    registered   under    Sections
                302,149 read with 120-B of the Indian Penal Code,
                in connection with C.R. No.9 of 2010, on
                furnishing P.R. bond of Rs.25,000/- with one or
                two sureties of the like amount.


        (ii) The Applicant shall report to the Trial Court once
                in two months on the day specified by the Trial
                Court, till this Appeal is finally disposed of.


        (iii) The Applicant shall give details to the Trial Court
                as well as nearest Police Station where he intends
                to reside, informing his current address, mobile
                contact number and the place of residence and
                mobile details, if any, from time to time.


        (iv) If there are two consecutive defaults in appearing
                before the Trial Court, the learned Judge shall


RaJesh Chittewan, PS                                                                 3/4
                                                             306. IA 1148-2026.doc

                make a report to High Court and the Prosecution
                is at liberty to file application for cancellation of
                bail.


        (v) The Interim Application is disposed of accordingly.




(SANDESH D. PATIL, J.)                             (M.S. KARNIK, J.)




RaJesh Chittewan, PS                                                            4/4
              Digitally signed
RAJESH        by RAJESH
              VASANT
VASANT        CHITTEWAN
CHITTEWAN     Date: 2026.08.14
              17:46:31 +0530


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