The Bombay high court (HC) has granted bail to Deepak Gulab Bhatambrekar – who is serving a life sentence for the 2010 murder of Kishor Marne – citing the considerable time he has spent in custody and the likelihood that his appeal against the conviction will not be heard immediately.
A division bench of justices M S Karnik and Sandesh D Patil passed the order on August 14 while allowing Bhatambrekar’s interim application for bail pending disposal of his criminal appeal. A copy of the order was made available on Monday.
According to the order, Bhatambrekar was arrested on January 12, 2010 and was convicted by the trial court on May 19, 2016 under sections 302 and 139 read with section 120 B of the Indian Penal Code (IPC). He was sentenced to life imprisonment and fined ₹5,000.
Appearing for Bhatambrekar, advocate Satyam Harshad Nimbalkar submitted that the appeal was unlikely to be heard immediately and raised questions about the prosecution evidence. The defence argued that no independent witnesses had been examined during the trial and that the prosecution had failed to examine a key witness. The defence also submitted that the CCTV footage relied upon by the prosecution did not support its version of the incident.
The state opposed the application and relied on the findings recorded by the trial court while convicting Bhatambrekar.
{{/usCountry}}The state opposed the application and relied on the findings recorded by the trial court while convicting Bhatambrekar.
{{/usCountry}}The HC, however, held that the circumstances warranted his release on bail.
“The impugned judgment and order was passed on May 19, 2016. The applicant has been behind bars since the date of conviction. It is unlikely that the matter can be heard immediately itself,” the bench observed.
The bench also relied on the Supreme Court’s (SC’s) judgment in Saudan Singh vs State of Uttar Pradesh (2023) which deals with the consideration of prolonged incarceration while deciding bail applications pending appeals.
The court noted that Bhatambrekar had been on bail during the trial and had not misused the liberty granted to him. The court also took into account that the other accused in the case had already been granted bail.
“The applicant was on bail during the pendency of the trial; he has not misused his liberty. In addition to this, the other accused were granted bail by this court. Hence, on grounds of parity as well, the applicant deserves to be released on bail,” the bench said.
The court directed Bhatambrekar’s release in connection with crime register number 9 of 2010 upon furnishing a personal recognisance bond of ₹25,000 along with one or two sureties of the same amount.
As part of the bail conditions, Bhatambrekar will have to appear before the trial court once every two months on a date specified by the court until his appeal is decided. He has also been directed to provide details of his residential address and mobile phone number to the trial court and the nearest police station.
The HC warned that repeated non-compliance could lead to cancellation of bail. If Bhatambrekar fails to appear before the trial court on two consecutive occasions, the trial judge will have to report the matter to the HC following which, the prosecution can seek cancellation of bail.
The case relates to the murder of Kishor Marne in Pune in January 2010. Bhatambrekar was among seven persons convicted in the case, according to the case background provided to the court.
The HC’s order does not overturn or stay Bhatambrekar’s conviction. His criminal appeal against the conviction remains pending, with the court taking into account that it was unlikely to be heard immediately.