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2022 DAILYLAW 2854 (BOM)

SUBHASH MESU SANSARE AND ORS v. THE STATE OF MAHARASHTRA

ABA/1335/2022 · 2026-08-21

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Judgment text

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906.ABA-1335.22.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1335 OF 2022 Subhash Mesu Sansare & Ors. … Applicants V/s. State of Maharashtra & Anr. …. Respondents WITH INTERIM APPLICATION NO.4197 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO. 1335 OF 2022 Hiraman Mesu Sansare … Applicant V/s. State of Maharashtra …. Respondent ______________________ Mr. Aniket Vagal a/w Ms. Savvy Kolhekar and Ms. Juhi Kadu, for the Applicants. Ms. M. R. Tidke, APP, for the Respondent-State. Mr. Swapnil S. Randhe, Police Constable attached to Chandvad Police Station, Nashik rural, Nashik present. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 21 AUGUST 2026 P. C. :- 1. Heard Mr. Vagal, learned counsel appearing for the Applicants and Ms. Tidke, learned APP appearing for the Respondent-State. Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.08.21 15:32:17 +0530 906.ABA-1335.22.DOC 2. By this application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicants are seeking pre-arrest bail in connection with C.R. No.35 of 2022 registered with Chandvad Police Station, Nashik for the offences punishable under Sections 327, 354, 324, 323, 504 and 506 read with 34 of the Indian Penal Code. 3. A learned Single Judge by an order dated 28 July 2022 has already protected the Applicants by passing detailed order. The said order reads as under :- “1. Heard the learned Counsel for the applicants. 2. Sum and substance of the allegations as reflected from the FIR and the impugned order passed by the Additional Sessions Judge while partly allowing ad-interim application in respect of applicant no.4 is that on 25th January, 2022 around 6.30 p.m. there was a programme of land worshiping of the proposed construction of water tank and Aanganwadi in the presence of local M.L.A. Dr. Rahul Ahir through the Grampanchayat at Katarwadi. 3. The applicants obstructed and raised objection in the said programme. They started abusing the husband and brother-in-law of the first informant in filthy language. It is further alleged that they slapped the first informant, snatched her gold Mangalsutra weighing about 2 grams and also attempted to outrage her modesty. 4. Learned Counsel for the applicant has invited my attention to the fact that pursuant to an FIR lodged a day before i.e. on 24th January, 2022 qua the same incident by some other person for the Page 2 PPN 906.ABA-1335.22.DOC offences punishable under Sections 504, 506, 426 of the Indian Penal Code and under Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The present FIR has been lodged as a counter-blast since there is a political rivalry. 5. The Investigating Officer is not present. Learned APP submits that the applicants have antecedents. Nevertheless, considering the overall allegations and the facts, at this stage, liberty of the applicants needs to be protected by interim protection till the Investigating Officer appears and respond to the application. As such, following order is expedient :- (i) In the event of their arrest, the applicants be released on furnishing a PR bond in the sum of Rs.15,000/- with one or two sureties each in the like amount. (ii) The applicants shall attend Chandvad Police Station twice a week on every Tuesday and Friday between 10.00 a.m. to 1.00 p.m. (iii) The applicants shall furnish their mobile number and the residential address to the Investigating Officer. (iv) The applicants shall not influence any prosecution witnesses in any manner whatsoever. 6. Issue notice to the respondents as to why interim bail should not be made final. 7. Place the application on 5th September, 2022.” 4. Thus, protection granted by the learned Single Judge is in operation for last more than 4 years. In the meanwhile, charge- sheet is also filed. 5. Accordingly, the Anticipatory Bail Application is disposed of in terms of order dated 28 July 2022 with the modification that as Page 3 PPN 906.ABA-1335.22.DOC charge-sheet is filed, it is not necessary for the Applicants to attend the Chandvad Police Station twice a week as directed by a learned Single Judge by order dated 28 July 2022. The Applicants shall attend Chandvad Police Station as and when called. 6. Accordingly, the Anticipatory Bail Application is disposed of in above terms. 7. As the Anticipatory Bail Application is disposed of, the Interim Application is also disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 4 PPN