SUBHASH MESU SANSARE AND ORSversusTHE STATE OF MAHARASHTRA

                                                                     906.ABA-1335.22.DOC




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             Digitally signed
             by PRACHI
PRACHI
PRANESH
             PRANESH
             NANDIWADEKAR
                                     CRIMINAL APPELLATE JURISDICTION
NANDIWADEKAR
             Date: 2026.08.21
             15:32:17 +0530
                              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.



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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




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      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




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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.]




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