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Criminal LawSupreme Court of India

Gajanan Dattatray Gore v. The State of Maharashtra and Another

Criminal Appeal · 2025 INSC 913Decided 28 Jul 2025
Criminal Appeal No. 3219 of 2025 (@ Petition for Special Leave to Appeal (Crl.) No. 10749 of 2025)
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

The appellant was arrested in 2023 for allegedly misappropriating around Rs. 1.6 crore from his employer, a training-institute business, while working as its business development manager. The Bombay High Court granted him regular bail in April 2024 after he filed a sworn affidavit undertaking to deposit Rs. 25 lakh with the trial court within five months. He secured his release on this basis but never made the deposit. The complainant then applied to the High Court to modify/cancel the bail order for this breach, and the High Court directed the appellant to surrender, which he challenged before the Supreme Court.

Decision Breakdown

The Supreme Court refused to interfere, holding that the appellant had made "a mockery of justice" by taking the benefit of bail through a solemn undertaking and then simply defaulting on it: an abuse of the legal process deserving no sympathy. Going further, the Court issued a binding prospective direction to all trial courts and High Courts across the country: bail (regular or anticipatory) must never again be granted merely on an accused's undertaking or promise to deposit money; such pleas must be decided strictly on the actual merits of the case. The appeal was dismissed, the appellant was directed to surrender (with liberty to apply for bail afresh on merits), and a cost of Rs. 50,000 was imposed on him for abusing the process of the courts.

Lesson Learnt

Bail can no longer be granted anywhere in India simply because an accused promises to pay or deposit a sum of money. Courts must decide bail strictly on the merits of the case, and going back on a court undertaking used to obtain bail can lead to its cancellation plus a monetary penalty.

Gajanan Dattatray Gore v. The State of Maharashtra and Another – Legal Case Shots | LegalAware