Dhanraj Balu Dubhase vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2026)

Dhanraj Balu Dubhase vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted in Crime No. 546 of 2023 (Ghoti Police Station, District Nashik) on executing a P.R. Bond of Rs. 30,000/- with one or two sureties in the like amount; applicant to attend the concerned police station as and when required, and not to tamper with evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

Issue for consideration

Whether the applicant, charged under Sections 302 read with Section 34 of the Indian Penal Code 1860 and Sections 4 read with Section 25 of the Indian Arms Act in Crime No. 546 of 2023 (Ghoti Police Station, District Nashik), is entitled to be enlarged on regular bail.

Court's answer

The allegation against the applicant was limited to providing a sharp weapon to the co-accused while the co-accused was already assaulting the deceased with a sickle and stone; to prove the applicant's role, trial is required.

Ratio / Principle

The applicant has no antecedents, had been behind bars for two years and four months, and there was no progress in the trial; considering these facts the court proceeded to grant bail.

Key takeaways

The applicant was enlarged on bail in Crime No. 546 of 2023 on executing a P.R. Bond of Rs. 30,000/- with one or two sureties in the like amount, subject to conditions of attending the concerned police station as and when required and not tampering with evidence or attempting to influence or contact the complainant, witnesses or persons connected with the case.ratio¶¶23
The court clarified that its observations were made only for the purpose of granting bail and that the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in the bail order.obiter¶¶27

Detailed headnote1 paragraphs

Bail — Regular bail granted — Offences punishable under Sections 302 read with Section 34 of the Indian Penal Code 1860 and Sections 4 read with Section 25 of the Indian Arms Act, Crime No. 546 of 2023, Ghoti Police Station, District Nashik — Prosecution case that applicant and co-accused murdered the deceased on 14th November 2023 over an old dispute — Allegation against the applicant confined to supplying a sharp weapon to the co-accused, who was already assaulting the deceased with a sickle and stone; no allegation of direct assault — Statements of the two eyewitnesses differ on whether the applicant handed over the weapon — Applicant has no antecedents, in custody for two years and four months, no progress in trial — Role of the applicant provable only at trial — Applicant enlarged on bail on P.R. Bond of Rs. 30,000/- with one or two sureties, subject to conditions (attendance at police station as required; no tampering with evidence or influencing/contacting complainant or witnesses) — Court clarified its observations were only for the purpose of granting bail; Trial Court to decide the case on its own merits uninfluenced thereby (Shivkumar Dige, J.).

8-BA-442-2026 (CR).doc

Shubhada S Kadam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 442 OF 2026

Dhanraj Balu Dubhase ….Applicant versus The State Of Maharashtra ….Respondent _________________________________________________________________

Mr. Shailesh Kharat, Advocate for Applicant. Mr. M. G.Patil, APP for Respondent-State.

_________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 6^th APRIL, 2026.

P.C. :

By this application, the applicant is seeking regular bail in Crime No. 546 of 2023 registered with Ghoti Police Station, District Nashik, for the offences punishable under Sections 302 read with Section 34 of the Indian Penal Code 1860 and Sections 4 read with Section 25 of the Indian Arms Act.

It is prosecution's case that on 14th November 2023, the applicant and co-accused murdered the deceased on the ground of an old dispute.

Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2026.04.07 19:25:19 +0530

It is contention of learned counsel for the applicant that the main allegations are against the co-accused, who assaulted the deceased with a sickle and stone. The allegation against the applicant is that he provided a sharp weapon to the co-accused while assaulting the deceased.

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8-BA-442-2026 (CR).doc

Shubhada S Kadam

There are no allegations against the applicant of directly assaulting the deceased. The statements of the two eyewitnesses differ. The statement of one eyewitness shows that the applicant gave a sharp weapon to the coaccused, whereas the statement of the other eyewitness shows that the applicant was present but did not give any weapon to the co-accused. The applicant is behind bars for two years and four months. The applicant has no antecedents. There is no progress in the trial and requested to allow the application.

It is contention of learned APP that there are specific allegations against the applicant that he provided a sharp weapon to the co-accused, which was used in the crime. It shows his involvement in the crime. If the applicant is released on bail, he may abscond or threaten the prosecution witnesses and requested to reject the application.

I have heard all learned counsel, perused charge-sheet and documents produced on record. The allegation against the applicant is that while the co-accused assaulted the deceased, the applicant provided a sharp weapon to the co-accused. It appears that the co-accused were already assaulting the deceased with a sickle and stone. To prove the role of the applicant, trial is required. The applicant has no antecedents. He is behind bars for two years and four months. There is no progress in the trial. Considering these facts, I pass the following order:

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8-BA-442-2026 (CR).doc

Shubhada S Kadam

ORDER

(i) The applicant be enlarged on bail in Crime No. 546 of 2023 registered with Ghoti Police Station, District Nashik, on executing P.R.Bond in the sum of Rs.30,000/- with 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, witnesses or any person concerned with the case.

The application is allowed in the aforesaid terms and is accordingly disposed of.

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.

All concerned to act on the authenticated copy of this order.

(SHIVKUMAR DIGE, J.)

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