GAJANAN DATTATRAY GORE ………..Appellant
Versus
THE STATE OF MAHARASHTRA & ANR. ……………Respondent
Date of the order : – 28.07.2025
Case Overview
The appeal before the Supreme Court arose from an order of the Bombay High Court cancelling the bail of Gajanan Dattatray Gore. The appellant was accused of misappropriating ₹1.66 crore from his employer, I-Can Training Institute, and was charged under Sections 406, 408, 420, 467, 468, 471, 504, and 506 of the IPC.
Bail Grant and Conditions
The High Court initially granted bail to Gore on April 1, 2024, subject to his depositing ₹25 lakhs in court—a condition based on his own affidavit-cum-undertaking. However, after securing bail, Gore failed to comply with this condition, prompting the complainant to seek cancellation of bail.
High Court’s Cancellation Order
On July 1, 2025, the High Court cancelled Gore’s bail, holding that he had reneged on his solemn undertaking. The Court emphasized that Gore had voluntarily offered to deposit the amount to secure bail, and his subsequent refusal to comply amounted to an abuse of judicial process.
Supreme Court’s Analysis
The Supreme Court upheld the High Court’s decision, strongly condemning the practice of securing bail through monetary undertakings only to later disregard them. The Court noted that such conduct undermines judicial integrity and amounts to taking courts for granted.
Key Legal Principles
- Sanctity of Judicial Undertakings – The Court reiterated that voluntary undertakings given to secure bail are binding. Resiling from such commitments invites cancellation of bail.
- No Bail on Monetary Conditions – The Court directed that bail must be decided strictly on merits, not on financial deposits or assurances. Courts should avoid imposing onerous conditions unrelated to the case’s merits.
- Abuse of Process – The appellant’s conduct was deemed a gross abuse of the legal process, warranting costs of ₹50,000.
Final Ruling & Directions
The Supreme Court dismissed the appeal, directing Gore to surrender within four weeks. It further mandated that all future bail applications be decided strictly on merits, without reliance on monetary undertakings. The Registry was instructed to circulate this judgment to all High Courts to prevent similar misuse.
Conclusion
This judgment reinforces the principle that bail is a matter of judicial discretion based on legal merits, not financial bargaining. It serves as a stern warning against litigants who exploit judicial leniency, ensuring courts remain vigilant against manipulative practices.
About the Author: Neeraj Gogia, Advocate, 9891800100, specializing in criminal law, bail applications, criminal trial etc. This article is intended for informational purposes only and does not constitute legal advice.
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