Bombay High Court
SHAILA CHANDRAKANT SANAPversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Anticipatory bail is granted to the applicant with conditions of bond, sureties, and reporting to the investigating officer.
Summary
The applicant, Shaila Chandrakant Sanap, mother‑in‑law of a deceased, filed an anticipatory bail application seeking pre‑arrest protection. She argued that she had no role in the alleged offence, is a senior citizen of about 64 years, and is willing to cooperate with the investigation, making custodial interrogation unnecessary. The investigating officer, through counsel, concurred that custodial interrogation was not required. The Court, after considering these submissions, granted anticipatory bail on the condition of furnishing a personal bond of Rs.20,000 with sureties and reporting to the investigating officer when called. The order also stipulated that if arrested, the applicant would be released on bail for offences under Sections 108 and 85 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. The application was disposed of accordingly.
Issues considered
- Whether anticipatory bail should be granted to the applicant under the Bharatiya Nyaya Sanhita, 2023.
- Whether custodial interrogation of the applicant is necessary in view of her age and cooperation.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 85 r/w 3(5)
Subjects
- anticipatory bail
- pre‑arrest bail
- senior citizen
- custodial interrogation
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
Digitally 11-ABA-1143-2026.doc
signed by
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.05.19
15:07:23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1143 OF 2026
Shaila Chandrakant Sanap ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Anil Y. Bansode for the Applicant.
Mr. Mayur Sonawane, A.P.P for the Respondent-State.
API, W.V.Chaudhary attached to Indira Nagar Police Station, Nashik
City, present.
CORAM : SANDESH D. PATIL, J.
DATE : 15th MAY, 2026
(VACATION COURT)
P.C. :
1. The present application is filed by the mother-in-law of the
deceased seeking pre-arrest bail.
2. Learned Counsel for the applicant has drawn my attention
to the FIR. He submits that the applicant had no role to play in the
present offence and that her custodial interrogation is not required.
He states that the applicant is a senior citizen aged about 64 years and
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11-ABA-1143-2026.doc
that she would co-operate with the investigation.
3. Mr. Mayur Sonawane, learned APP, on the instructions of
the Investigating Officer present in Court, fairly states that the
custodial interrogation of the applicant is not required.
4. In view of the aforesaid statement, the applicant is granted
pre-arrest protection on the following terms and conditions :
ORDER
(i) In the event of arrest, the applicant – Shaila
Chandrakant Sanap, shall be released on bail in
connection with C.R.No. 123 of 2026 registered with
Indranagar Police Station, Nashik City, on 5 th March,
2026, for the offences punishable under Sections 108, 85
r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, on
furnishing P.R. bond in the sum of Rs.20,000/-, with one
or two solvent sureties in the like amount.
(ii) The applicant shall report to the Investigating Officer
of the concerned Police Station as and when called.
5. Anticipatory Bail Application No. 1143 of 2026 stands
disposed of accordingly.
SANDESH D. PATIL, J.
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