DEEPALI LAXMIKANT POTDAR v. THE STATE OF MAHARASHTRA AND ANR.
ABA/397/2026 · 2026-08-18
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 4408 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4408 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
906-ABA-397-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 397 OF 2026 Deepali Laxmikant Potdar … Applicant Versus. The State of Maharashtra & Anr. … Respondents ----- Mr. Subir Sarkar (Through V.C.) a/w. Mr. Chirag Sancheti & Mr. Nakul Shukla i/b. Bulwark Solicitors for the Applicant. Mr. S.S. Chaudhari, A.P.P. for the Respondent-State. Officer : HC/1798 M.S. Anandpure, Velapur Police Station, present. -------
Coram : ASHWIN D. BHOBE, J. Date : 18th August 2026.
PER COURT :
1. Heard Mr. Subir Sarkar, learned Advocate for the Applicant and Mr. Chaudhari, learned A.P.P. for the Respondents-State.
2. On 27th July 2026, this Court had passed the following order :
1. Heard learned senior counsel Mr. Ashok P. Mundargi and learned APP for the Respondent-State.
2. Issue notice to the Respondents, returnable on 17th August, 2026. osk 1 of
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906-ABA-397-2026 (CR).docx
3. Learned APP waives service of notice on behalf of the Respondent-State.
4. Learned senior counsel Mr. Ashok P. Mundargi for the Applicant submits that the Applicant-woman is serving as an Executive Engineer with the Maharashtra State Road Development Corporation (MSRDC) and took charge of the concerned road project only in the year 2021, whereas the road was constructed in the year 2018. He further submits that the completion certificate in respect of the Mhaswad-Piliv-Pandharpur road was issued to the Roadway Solution India Private Limited by the Applicant. However, according to him, the Applicant is falsely alleged to be responsible for the unfortunate death of the eight travellers, who were the victims of the reckless driving of driver of the vehicle. He further submits that one of the Junior Engineer of MSRDC, who was also implicated in the present crime, has already been arrested and released on bail. The other contractor and the officials of the construction company have also been arrainged as accused in the present crime.
5. Learned senior counsel further submits that, having regard to the limited role attributed to the Applicant, the learned Sessions Judge, Malshiras while considering the anticipatory bail application, had initially protected to the Applicant by passing interim order dated 02/07/2026. The said interim order continue till the rejection of the bail application. Even after rejection of the bail application by order dated 15/07/2026, the learned Sessions Judge, Malshiras had continued the interim protection granted by
order dated 02/07/2026 for a further period of two weeks. He submits that the Applicant is a senior officer serving in a osk 2 of
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906-ABA-397-2026 (CR).docx Government undertaking, has deep roots in society, has duly complied with the earlier interim order, and is ready and willing to abide by any condition that may be imposed by this Court. Hence, the Applicant may be protected.
6. Taking into consideration the aforesaid submissions, and particularly the interim protection granted by the learned Sessions Judge, Malshiras, vide order dated 02/07/2026 passed below Exhibit-5 in Criminal Bail Application No. 160 of 2026, as well as the subsequent order passed below Exhibit-15 continuing the said interim protection for a further period of two weeks, I am inclined to pass the following order:
ORDER i. In the event of arrest of the Applicant - Deepali Laxmikant Potdar, in connection with the Crime No.196 of 2026 registered with Velapur Police Station, Solpapur, for the offence punishable under Sections 105, 125(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”), the Applicant be released on bail on furnishing P.R. Bond in the sum of Rs.50,000/- (Fifty Thousand Rupees Only), with one or two solvent sureties in the like amount, on the following conditions: A) The Applicant shall attend the concerned police station and report to the Investigating Officer on every Friday and Saturday between 11:00 a.m. to 2:00 p.m., until further orders. B) The Applicant shall cooperate with the osk 3 of
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906-ABA-397-2026 (CR).docx investigation and shall also hand over the necessary documents of contract required for the completion of the investigation. . C) The Applicant shall not pressurize the prosecution witness and shall not tamper with the prosecution evidence, in any manner. D) The Applicant shall submit her Aadhar Card and PAN Card copy to the Investigating Officer along with mobile numbers and addresses of two of her near relatives. 7. Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the interim relief herein above. 8. Stand over to 17th August, 2026. 3. Mr. Subir Sarkar, learned Advocate for the Applicant, states that the Applicant has appeared before the Investigating Officer at Velapur Police Station and has co-operated with the investigation in Crime No. 196 of 2020. He further states that the Applicant shall continue to co-operate with the investigation in Crime No. 196 of 2026. 4. Mr. Chaudhari, learned A.P.P. for the Respondents-State, on instructions from the Investigating Officer, Velapur Police Station, Solapur, states that the Applicant has appeared before the Investigating Officer and has co-operated osk 4 of
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906-ABA-397-2026 (CR).docx with the investigation in Crime No. 196 of 2020. He further submits that the Applicant has handed over the documents required by the Investigating Officer for the investigation in Crime No. 196 of 2020. 5. In view of the statements made by Mr. Subir Sarkar, learned Advocate for the Applicant and Mr. Chaudhari, learned A.P.P. for the Respondents-State, I deem it proper to continue the order dated 27th July 2026 by making it absolute. 6.
The Anticipatory Bail Application No. 397 of 2026 is disposed of in terms of the order dated 27th July 2026. The condition No.(i) (B), (C) & (D) shall continue to operate as a final order. However, condition No.(i) (A) is modified to the limited extent and shall read as follows :-
“(A) The Applicant shall attend the concerned Police Station and report to the Investigating Officer on every Friday and Saturday, between 11:00 a.m. to 2:00 p.m., until filing of the charge-sheet in Crime No. 196 of 2026.”
7. The Anticipatory Bail Application No. 397 of 2026 is disposed of. [ ASHWIN D. BHOBE, J. ] osk 5 of
5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.08.19 10:45:09 +0530