Bombay High Court

Rajendra Gangadhar DamaleversusThe State of Maharashtra

Decided: 8 April 2026
Disposal: Allowed
Bench: A S GADKARI SHYAM C CHANDAK

Holding

The court held that the bail condition may be modified to allow cash surety for six weeks to enable the applicant to secure a proper surety.

Summary

The applicant, Rajendra Gangadhar Damale, has been incarcerated for about 14 years and was ordered to be released on bail on 16 January 2026, subject to furnishing a surety. He lacks a close relative to provide the surety, and consequently remains in custody. Through a legal aid‑appointed advocate, he applied to the High Court for a modification of the bail condition to allow him to furnish cash surety for a limited period, enabling him time to locate a proper surety. The court, noting the applicant's prolonged detention and inability to secure a surety, granted permission to provide cash surety for six weeks from the date the order is posted online. The application was therefore allowed, modifying the bail condition accordingly.

Issues considered

Whether the bail condition requiring a surety can be modified to permit cash surety for a limited period
Whether such modification is justified in the interest of justice given the applicant's prolonged detention

Subjects

bail
cash surety
modification of bail conditions
legal aid
criminal procedure

Judgment

DTG                                                         2-IA-1150-2026.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 1150 OF 2026
                                    IN
                   INTERIM APPLICATION NO. 3550 OF 2025
                                    IN
                      CRIMINAL APPEAL NO. 226 OF 2025

Rajendra Gangadhar Damale                               … Applicant
         V/s.
The State of Maharashtra                                … Respondent
                   _______________________________________

Ms. Swapna Kode, Appointed Advocate through Legal Aid for Applicant.

Mr. Vinod Chate, A.P.P. for Respondent-State.
                _______________________________________

                           CORAM : A. S. GADKARI AND
                                   SHYAM C. CHANDAK, JJ.
                           DATE  : 8th April 2026

P.C. :

1)              This is an Application for modification of condition No. (i)

imposed upon the Applicant while releasing him on bail vide Order dated

16th January 2026.

2)              Learned Advocate appointed by Legal Aid Committee to

represent the Applicant submitted that, the Applicant is behind bars for last

about 14 years. That, he has no close relative, who will furnish surety and it

is the reason that, though the Applicant has been directed to be released on

bail by Order dated 16th January 2026, till date, as he could not furnish

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DTG                                                           2-IA-1150-2026.doc



surely, still is behind bars. She therefore requested this Court to permit the

Applicant to furnish cash surety for a period of at least four weeks to enable

him to search a surety in the said period to comply with the condition No.1

of the said Order.

3)           Learned APP submitted that, necessary Order in the interest of

justice may be passed.

4)           In view of the fact mentioned by the learned Advocate for

Applicant, we are inclined to permit the Applicant to furnish cash surety for a

period of six weeks from the date of uploading of the present Order on the

official website of the High Court of Bombay, to enable him to furnish surety

during the said period.

5)           Application is allowed in the aforesaid terms.




      ( SHYAM C. CHANDAK, J. )                     ( A.S. GADKARI, J. )




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