Year-Ender 2025: Landmark Verdicts, Bail Orders And High-Profile Rulings That Shaped Bombay High Court’s Judicial Year

2006 Mumbai train blasts case

Seven blasts ripped through Mumbai local trains on July 11, 2006, killing more than 180 persons. The High Court overturned the convictions of the accused by the trial court.

On July 21, the HC acquitted all the 12 accused persons from the charges of carrying out bomb blasts in Mumbai trains in 2006, observing that the prosecution “utterly failed” to prove the case and that it was “hard to believe” they committed the crime.

The Anti-Terrorism Squad (ATS) of Maharashtra Police had claimed that the accused were members of the banned Students Islamic Movement of India (SIMI) and had hatched the conspiracy in connivance with Pakistan-based terror group Lashkar-e-Taiba (LeT).

In its 671-page judgment, the High Court declared all confessional statements as inadmissible, suggesting that they had been simply copy-pasted.

The Maharashtra government promptly filed an appeal in the Supreme Court, which stayed the HC order but said the accused shall remain free till the appeal is decided.

2008 Malegaon bomb blast case

On July 31, 2024, a special MCOCA court acquitted seven accused, including BJP MP Pragya Singh Thakur and Col Prasad Purohit, from the charges of allegedly carrying out a bomb blast in 2008 in Malegaon.

The court held that the prosecution did not present cogent and reliable evidence to prove the case beyond reasonable doubt.

Six people were killed and 101 injured in a blast at Malegaon in Maharashtra’s Nashik district on September 29, 2008.

The HC issued notice to the state and NIA while hearing an appeal by victims and their family members. Interestingly, the state has not filed an appeal against the acquittals.

Maratha agitation that crippled city

In September, the HC chastised Maratha quota activist Manoj Jarange and his supporters for bringing the city to a standstill during their agitation at Azad Maidan in south Mumbai.

The court gave an ultimatum to Jarange and his supporters to vacate the ground where they were camping without permission. The activist then called off his hunger strike and ended the protest.

Elgar Parishad case

Several accused arrested in the 2018 Elgar Parishad–Maoist links case were granted bail on the ground of prolonged incarceration. The trial in the case is yet to start.

On December 17, the HC allowed Gautam Navlakha to shift to his hometown in Delhi. It remarked that he was not a “flight risk”, as there have not been any instances where he tried to escape.

On December 12, the HC allowed Father Frazer Mascarenhas, former principal of St Xavier’s College, to file a fresh petition challenging the magistrate’s judicial inquiry report and the Maharashtra Human Rights Commission’s order that both concluded Father Stan Swamy’s death in custody was due to natural causes.

Swamy, an 84-year-old Jesuit priest and tribal rights activist, died on July 5, 2021, while awaiting bail in the Elgar Parishad case. His death triggered demands for an independent inquiry into whether negligence or rights violations had occurred during his incarceration.

Mascarenhas, a close associate of Swamy, had approached the High Court in his capacity as de facto next of kin, appointed by the Jamshedpur Jesuit Province.

On December 4, the HC granted bail to former Delhi University professor Hany Babu, who was arrested in 2020 in connection with the Elgar Parishad–Maoist links case. It said he has been incarcerated for an extended period of over five years and seven months.

On August 26, the HC granted interim bail for three days to Ramesh Gaichor to visit his ailing father.

The HC has, however, refused to grant permission to Dalit rights activist Dr Anand Teltumbde to travel to Europe in April and May for academic purposes. He filed pleas on two occasions to visit Amsterdam and the UK to give lectures.

On September 21, the HC granted bail to tribal rights activist Mahesh Raut, observing that the “incriminating material” shown by the NIA does not in any manner “prima facie” show that he has committed or indulged in a “terrorist act” as contemplated under Section 15 of the Unlawful Activities (Prevention) Act (UAPA).

Air pollution

Although the HC took suo motu cognisance of air pollution in 2023, it continued hearing the case since October this year and rapped the BMC and MPCB for failing to keep pollution in check. It summoned BMC Commissioner Bhushan Gagrani and MPCB Secretary M. Devendra Singh to personally explain the “inaction” on the part of officers concerned to ensure strict compliance with pollution mitigation guidelines.

Kanjurmarg dumping ground

Terming it an emergency situation, the HC directed authorities to suggest short-term measures to mitigate odour pollution emanating from the Kanjurmarg dumping site. It observed that breathing clean air was a right to life guaranteed under the Constitution of India and said, “Fresh breathing is the need of the hour.”

Celebrities seeking protection of personality rights

This year, the HC protected the personality rights of veteran singer Asha Bhosle and Bollywood actors Akshay Kumar, Suniel Shetty and Shilpa Shetty. It restrained social media platforms and web portals from utilising, exploiting or violating such rights.

Badlapur fake encounter case

On April 7, the HC directed that an FIR be registered against five policemen who were found “responsible” by a magistrate in its report for the custodial death of Akshay Shinde, accused in the Badlapur school sexual assault case.

Loudspeakers

In January, the HC, in a significant ruling, held that the use of loudspeakers is not an essential part of any religion and directed authorities to take action against loudspeakers that violate noise pollution norms.

SEBI fraud

In March, the High Court granted relief to former SEBI chairperson Madhabi Puri Buch and five other officials, asking the Anti-Corruption Bureau not to act on a special court order directing it to register an FIR against them for alleged stock market fraud and regulatory violations.

Cricketer divorce

On March 20, the HC granted divorce by mutual consent without waiting for the mandatory six-month period to cricketer Yuzvendra Chahal and his estranged wife Dhanashree Verma. The HC allowed the waiver of the “cooling period”, and a family court granted the couple divorce.

Kunal Kamra

In April, comedian Kunal Kamra got relief from the HC, which directed police not to arrest him in FIRs over his “traitor” jibe directed at Maharashtra Deputy Chief Minister Eknath Shinde.

Post against Op Sindoor

In May, the HC’s vacation bench granted bail to a teen student arrested for her social media post on the Indo-Pak military conflict, while rebuking the Maharashtra government for its “radical” reaction to the post.

In September, however, the court said the case against her cannot be quashed merely because she had deleted her post and apologised.

Anil Ambani

In October, the HC dismissed a petition filed by industrialist Anil Ambani challenging an order passed by the State Bank of India classifying his and his company Reliance Communications’ accounts as “fraudulent”.

Sohrabuddin Shaikh encounter case appeal

In October, the CBI told the HC that it had accepted the 2018 acquittal of 22 accused in the 2005 alleged fake encounter case of gangster Sohrabuddin Shaikh and his aide Tulsiram Prajapati, and would not file an appeal.

Shaikh was killed in November 2006 in an encounter near Ahmedabad by Gujarat police. His wife Kausar Bi was also allegedly killed. A year later, Prajapati, considered a key eyewitness, was killed in another alleged encounter.

Pallavi Purkayastha

On November 10, the HC upheld the life sentence of security guard Sajjad Mugal Pathan for the murder of lawyer Pallavi Purkayastha in 2012, noting that the prosecution established his guilt beyond doubt.

Non-payment of rent by developers

In December, the HC issued a slew of directions, including freezing 10–20% of the free-sale component of defaulter developers, for failing to pay transit rent or allocate permanent tenements to eligible slum dwellers. Pursuant to the HC order, the SRA issued a circular laying guidelines for slum dwellers’ rights.

Lavasa

The HC dismissed a fourth PIL by Nashik-based advocate Nanasaheb Jadhav seeking a CBI inquiry against NCP (SP) leader Sharad Pawar, his daughter and Baramati MP Supriya Sule, and his nephew, Maharashtra Deputy Chief Minister Ajit Pawar, over alleged irregularities in the development of the Lavasa hill township in Pune district.

The HC said courts cannot order fishing or roving inquiries merely to ascertain whether a crime was committed. “The acts and omissions, if any, on the part of individuals such as Sharad Pawar, Ajit Pawar, Supriya Sule, etc., are not open for any inquiry or investigation,” the judges added.

Society-related orders

The HC ruled that a managing committee of a housing society ceases to remain validly constituted after a series of resignations reduces its elected strength below the legal minimum.

The HC held that unilateral deemed conveyance cannot be granted to a housing society in a multi-building layout, and that the competent authority has to determine the correct conveyable area by appointing an independent architect, as required under the Government Resolution dated June 22, 2018.

The HC ruled that in cases of redevelopment disputes involving joint owners, the occupant in possession of a flat is entitled to all benefits arising out of the redevelopment agreement, including possession of the new flat in the redeveloped project.

In a significant ruling reaffirming the rights of cooperative housing societies to recover unpaid dues, the HC held that an auction purchaser cannot demand membership unless outstanding arrears of the previous member are cleared.

The HC held that any dispute challenging the redevelopment of a cooperative housing society’s property — initiated by its Administrator without holding elections — must be heard by the Cooperative Court, as it directly concerns the society’s management and business.

The HC held that a Registrar cannot grant registration to a housing society without first hearing the promoter or developer.

A cooperative housing society (CHS) cannot wriggle out of arbitration merely because it was not a signatory to the original agreements for sale, the HC ruled. The court held that a CHS is bound by arbitration clauses contained in agreements signed by its individual members with the developer.

In a significant ruling, the HC held that owners of larger apartments must pay higher maintenance charges in residential condominiums governed by the Maharashtra Apartment Ownership Act, 1970, as their share in the common property is proportionately larger.

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The judgment clarifies that in apartment condominiums, unlike cooperative housing societies governed by the 1971 Act, maintenance must reflect the ownership structure, where each flat owner holds a legally defined undivided share in the entire property.

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