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Bombay High Court

KIRAN VILAS BURHADEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that custodial interrogation was not required and granted anticipatory bail in all five applications.

Summary

The petitioner, Kiran Vilas Burhade, filed five anticipatory bail applications seeking protection from arrest in separate FIRs registered under Sections 305 and 331 of the Bharatiya Nyaya Sanhita, 2023. He had previously been detained for five days in a similar case but was released on bail without any offence being formally recorded. The State argued that custodial interrogation was necessary because co‑accused statements implicated the petitioner and ten similar cases were pending against him. The Court examined the FIRs, the prior custody, and the lack of material recovered against the petitioner, and concluded that further custodial interrogation was not warranted. Consequently, the Court granted anticipatory bail in all five matters on the condition of a personal bond of Rs 30,000 with sureties and directed the petitioner to cooperate with police as required. The order emphasized that the trial court would decide the merits of the cases independently.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in the five FIRs.
  • Whether custodial interrogation of the petitioner is necessary in view of the co‑accused statements and prior custody.
  • Whether the provisions of Sections 305 and 331 of the Bharatiya Nyaya Sanhita, 2023, preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • custodial interrogation
  • Bharatiya Nyaya Sanhita
  • Section 305
  • Section 331
  • multiple FIRs
  • prior arrest
  • personal bond

Judgment

                                                         7-ABA-985-2026 (CR).doc


Rohit Ghuge


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

              ANTICIPATORY BAIL APPLICATION NO. 985 OF 2026

                              WITH
          ANTICIPATORY BAIL APPLICATION NO. 1359 OF 2026

                              WITH
          ANTICIPATORY BAIL APPLICATION NO. 1351 OF 2026

                              WITH
          ANTICIPATORY BAIL APPLICATION NO. 1352 OF 2026

                              WITH
          ANTICIPATORY BAIL APPLICATION NO. 1358 OF 2026

                         Kiran Vilas Burhade
                               VERSUS
                        State Of Maharashtra
_________________________________________________________________

Mr. Amar Kale a/w Ms. Ekta Patil i/b Mr. Prashant Hagare, Advocates for
Applicant.
Mr. S. S. Pednekar, APP for Respondent-State in ABA No. 985/2026.
Ms. G. P. Mulekar, APP for Respondent-State in ABA No. 1359/2026,
ABA No. 1351/2026, ABA No. 1352/2026 and ABA No. 1358/2026.
_________________________________________________________________


                                       CORAM       :   SHIVKUMAR DIGE, J.
                                       DATE        :   02nd JULY, 2026.
P.C. :

1.            The allegations against the applicant in all five applications are

the same hence, I am deciding it by this common order.

2.            The applicant is apprehending arrest in Crime No. 992 of 2025



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Rohit Ghuge


in ABA No. 985/2026, Crime No. 976 of 2025 in ABA No. 1359/2026,

Crime No. 147 of 2026 in ABA No. 1351/2026, Crime No. 1061 of 2025 in

ABA No. 1358/2026 registered with Yavat Police Station, Dist. Pune for the

offences punishable under Sections 305 and 331(4) of Bharatiya Nyaya

Sanhita, 2023 (for short “BNS”), and in Crime No. 401 of 2025 in ABA No.

1352/2025 registered with Yavat Police Station, Dist. Pune for the offences

punishable under Sections 305, 331(3) and 331(4) of BNS.

3.            It is contention of learned counsel for the applicant that the

applicant was earlier arrested in CR No. 22 of 2026 registered with Yavat

Police Station in connection with a similar nature offence and remained in

police custody for five days. However, no offence was registered against

him at that time. After the applicant was released on bail, his name came

to be added as accused in present five FIRs. The main allegations are

against   other     co-accused.   Considering   allegations,   his   custodial

interrogation is not required, and requested to allow the applications.

4.            It is contention of learned APP that after the applicant was

released on bail, the statement of the co-accused was recorded and

panchnamas were prepared. During the course of investigation, it revealed

that the co-accused had sold the stolen gold ornaments to the applicant. It

shows his involvement in the crime. Considering allegations, his custodial

interrogation is required as ten cases of similar nature are registered


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Rohit Ghuge


against him, and requested to reject the application.

5.            I have heard both learned counsel. Perused FIR and documents

produced on record.

6.            The applicant was in police custody for five days in CR No. 22

of 2026 registered with Yavat Police Station, Dist. Pune for the offence of

the similar nature. In the said offence, nothing was recovered at the

instance of the applicant. To prove his role, trial is required. Considering

these facts, the custodial interrogation of the applicant is not required and

I pass following order.

                                   ORDER

        (i) In the event of arrest, the applicant be enlarged on bail in

              Crime No. 992 of 2025, Crime No. 976 of 2025, Crime No. 147

              of 2026, Crime No. 1061 of 2025 and Crime No. 401 of 2025

              registered with Yavat Police Station, Dist. Pune on executing

              P.R.Bond in the sum of Rs.30,000/- in each crime with one or

              two sureties in the like amount.

        (ii) The applicant shall attend the concerned police station as and

              when required.

              All five applications are allowed in the aforesaid terms and are

accordingly disposed off.

7.            It is made clear that the above observations are made only for


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Rohit Ghuge


the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

8.            All concerned to act on the authenticated copy of this order.




                                                       (SHIVKUMAR DIGE, J.)




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