Bombay High Court Quashes Case Against Retired Army Officer, Calls Police Action an Abuse of Power

Court says the assault case was falsely filed to cover police negligence; rules the officer acted in self-defence
Bombay High Court Quashes Case Against Retired Army Officer, Calls Police Action an Abuse of Power
Bombay High Court Quashes Case Against Retired Army Officer, Calls Police Action an Abuse of PowerThe Bridge Chronicle
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Pune, 26 January 2026: The Bombay High Court has cancelled a criminal case filed against retired Army officer Captain Baliram Shinde, observing that the prosecution was false and initiated to cover up police negligence. The court granted relief to the 73-year-old officer, ruling that his actions were in self-defence and legally justified.

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The case dates back to August 20, 2020, when Ramkishan Devidas Surwase, who was undergoing treatment for mental illness, allegedly attempted to forcibly enter Shinde’s home in Pune during the early hours of the morning.

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Shinde tried to push him away using a bamboo stick, but Surwase became aggressive, climbed onto the sofa, and broke a kitchen window. Hearing the commotion, neighbours gathered outside the house and restrained Surwase before handing him over to the police.

After learning that Surwase was receiving treatment at a mental hospital in Latur, Shinde decided not to file a complaint against him. Police personnel later took Surwase towards Hadapsar to put him on a bus to Latur. However, when he began vomiting on the way, the police allegedly left him near Mundhwa bridge. The next morning, Surwase’s body was found in a well.

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Police from Chandan Nagar police station later concluded that Surwase died due to the assault by Shinde and registered a culpable homicide case against the retired officer. Challenging this, Shinde approached the High Court in 2021 seeking to quash the FIR.

A division bench of Justice Ajay Gadkari and Justice Shyam Chandak ruled in Shinde’s favour. The court noted that CCTV footage showed the assault was carried out by civilians and police personnel, not solely by the applicant.

It also observed that the injuries could have been caused by a fall into the well and that a direct link between Shinde’s actions and Surwase’s death was not established.

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The court strongly criticised the police, pointing out that the FIR was registered after a delay of 44 days to conceal serious lapses in handling the situation.

Calling the case a 'clear example of abuse of power,' the court said filing false and unjustified cases against law-abiding citizens amounts to a misuse of authority. On these grounds, the High Court quashed the case and granted full relief to the retired Army officer.

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