Amit Balasaheb Kamble vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2026)

Amit Balasaheb Kamble vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2026)

What the court decided

AI extract

Outcome

Applicant released on bail in Crime No.236 of 2023 (Bhosari Police Station, Pune) on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount; conditions: (ii) Applicant shall not enter the Pimpri Chinchwad area till recording of evidence of prosecution witnesses, except attending Court dates; (iii) shall not tamper with evidence and/or influence prosecution witnesses; (v) shall attend the concerned Police Station as and when required; and (iv) Trial Court to decide the case on its own merits uninfluenced by the observations in this order.

Issue for consideration

Whether the Applicant should be granted regular bail in Crime No.236 of 2023 registered with Bhosari Police Station, Pune, for offences punishable under Sections 302, 323, 324, 504 and 506(2) of the IPC, 1860 and Sections 3 and 7 of the Criminal Law Amendment Act.

Court's answer

From the prosecution case it appears that the incident occurred suddenly, and whether the Applicant had an intention to kill the deceased is a matter to be determined at the trial.

Ratio / Principle

The Applicant had been in custody for more than two years and ten months and there was no progress in the trial; considering these facts, the court granted regular bail.

Key takeaways

Direction that the Trial Court decide the case on its own merits and in accordance with law, uninfluenced by the observations made in the bail order.obiter¶36

Detailed headnote1 paragraphs

Bail – Regular bail – Murder (S.302 IPC) – Applicant accused of murdering an autorickshaw driver who objected to his indecent act inside the vehicle (Crime No.236/2023, Bhosari Police Station, Pune; offences under Sections 302, 323, 324, 504, 506(2) IPC and Sections 3 and 7 of the Criminal Law Amendment Act) – Court observed that the incident appeared to have occurred suddenly and whether the Applicant intended to kill the deceased was a matter for trial – Applicant in custody for over two years and ten months with no progress in trial – Regular bail granted on PR bond of Rs.25,000/- with one or two solvent sureties in the like amount – Conditions imposed: Applicant not to enter Pimpri Chinchwad area until recording of evidence of prosecution witnesses (except on Court dates), not to tamper with evidence or influence witnesses, and to attend the concerned police station as required – Trial Court to decide the case on its own merits, uninfluenced by the observations in the order. (Shivkumar Dige, J.; 4 February 2026)

3-BA-118-2026.doc

N.S.Kamble

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 118 OF 2026

Amit Balasaheb Kamble … Applicant

Versus

The State of Maharashtra … Respondent

Digitally signed NILAM by NILAMSANTOSH SANTOSH KAMBLE KAMBLE Date:2026.02.06 11:04:01 +0530

Mr.Niranjan Bhavake a/w Ms.Drishti Madhani, Mr.Anurag Ramekar a/w Ms.Vaishanavi Chore i/b Mr.Sushant J. Tayade, for the Applicant. Ms.R.D. Humane, APP for Respondent-State.

CORAM : SHIVKUMAR DIGE, J.

DATE : 4^th FEBRUARY 2026

P.C. :

. By this Application, the Applicant is seeking regular bail in Crime No.236 of 2023 registered with Bhosari Police Station, Pune,

for the offences punishable under Sections 302, 323, 324, 504 and

506(2) of the Indian Penal Code, 1860 (‘IPC’ for short) and Sections 3 and 7 of Criminal Law Amendment Act.

It is prosecution’s case that on 19^th March 2023, at around 5.34 p.m., the Applicant boarded in the autorikshaw of the deceased

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N.S.Kamble

with one lady. The Applicant was doing indecent act with the said lady and deceased objected it. Due to objection of the deceased, the

Applicant got angry and he assaulted the deceased with cement and paver block and thereby murdered him.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than two years and ten months. There is no progress in trial. The incident happened suddenly. The Applicant has no intention to kill the deceased and requested to allow the Application.

It is contention of learned APP that the Applicant has antecedents. He has assaulted deceased on the head with an intention to kill him. He repeatedly assaulted on the head of the deceased. If the Applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the Application.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

It appears from the prosecution case that incident occurred suddenly. Whether Applicant had an intention to kill the deceased or not, is part of the trial. The Applicant is behind bars for more than two

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N.S.Kamble

years and ten months. There is no progress in trial.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Amit Balasaheb Kamble be released on bail in Crime No.236 of 2023 registered with Bhosari Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not enter in the Pimpri Chinchwad area till recording of evidence of prosecution witnesses, except attending Court dates.

(iii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iv) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(v) The Applicant shall attend the concerned Police Station as and when required.

(vi) Application is allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.)

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