Gajanan Dattatray Gore vs State of Maharashtra 2025 INSC 913 - Bail On Undertaking
Code of Criminal Procedure 1973 - Section 437-439 - There shall not be a single order that the High Courts and the Trial Courts shall pass for grant of regular bail or anticipatory bail on the basis of any accused or his/her family members giving an undertaking to deposit a particular amount. (Para 24) Henceforth no Trial Court or any of the High Courts shall pass any order of grant of regular bail or anticipatory bail on any undertaking that the accused might be ready to furnish for the purpose of obtaining appropriate reliefs- The High Courts as well as the Trial Courts shall decide the plea for regular bail or anticipatory bail strictly on the merits of the case. The High Courts and the Trial Courts shall not exercise their discretion in this regard on any undertaking or any statement that the accused may be ready and willing to make. (Para 19-20)
Case Info
Case Name and Neutral Citation
- Case Name: Gajanan Dattatray Gore v. The State of Maharashtra & Anr.
- Neutral Citation: 2025 INSC 913
Coram (Judges)
- Coram: J.B. Pardiwala, J. and R. Mahadevan, J.
Judgment Date
- Date of Judgment: 28th July, 2025
Caselaws and Citations Referred
The judgment refers to the following Supreme Court decisions:
- Ramesh Kumar v. State of NCT of Delhi
- Apurva Kirti Mehta v. State of Maharashtra & Anr.
- Biman Chatterjee v. Sanchita Chatterjee & Anr.
- Notably, paragraph 7 of this judgment is quoted regarding the non-fulfillment of compromise terms not being a ground for cancellation of bail.
- Kundan Singh v. The Superintendent of CGST and Central Excise
- Paragraphs 8–11 are quoted, discussing the impropriety of securing bail by offering monetary deposits and then reneging.
Statutes/Laws Referred
- Indian Penal Code, 1860 (IPC)
- Sections: 406, 408, 420, 467, 468, 471, 504, 506, read with Section 34
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Section 483(3)
- Criminal Procedure Code, 1973 (CrPC)
- Chapter XXXIII (referred to in the context of bail provisions)
- Section 437 (mentioned in the context of bail considerations)
