Bombay High Court

PADMAKAR MAROTIRAO SARPATE AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The Court allowed the anticipatory bail application, confirming the interim protection and directing release on bail upon arrest with conditions.

Summary

The applicants, Padmakar Marotirao Sarpate and Vijay Padmakar Sarpate, sought anticipatory bail in connection with a FIR alleging assault and theft of a gold chain, offences punishable under several sections of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that the applicants, along with co‑accused, assaulted the informant and stole his gold chain, which was allegedly handed over to the second applicant. The applicants argued that they had been cooperating with the investigation, appearing before the police weekly, and had no prior criminal record, seeking confirmation of an interim protection order dated 12 August 2025. The State opposed bail, contending that the FIR and witness statements justified custodial interrogation to recover the chain. The Court, noting the applicants' clean record, ongoing cooperation, and the existence of a prior interim protection, found no justification to deny bail and therefore confirmed the interim order, granting anticipatory bail with a personal bond of Rs.20,000 each and imposing standard conditions.

Issues considered

Whether anticipatory bail should be granted to the applicants despite the allegations of assault and theft.
Whether the existence of an interim protection order warrants its confirmation.
Whether the applicants pose a risk of tampering with evidence or influencing witnesses.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 119(1), 126(2), 3(5), 351(2), 351(3), 352

Subjects

anticipatory bail
bail
criminal procedure
assault
theft
false implication
witness tampering
Bhartiya Nyaya Sanhita

Judgment

2026:BHC-AUG:37008




                                              1                        944 aba 1355.25

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                      ANTICIPATORY BAIL APPLICATION NO. 1355 OF 2025


                 1.      Padmakar Marotirao Sarpate,
                         Age: 62 Years, Occu. : Agril.,

                 2.      Vijay Padmakar Sarpate,
                         Age : 40 Years, Occu. : Service,

                         Both R/o Village Madalmohe,
                         Tahsil Georai, Dist. Beed.              ..   Applicant

                               Versus

                         The State of Maharashtra                ..   Respondent

                 Shri V. B.Anjanwatikar, Advocate for the Applicants.
                 Shri S. B. Narwade, A.P.P. for the Respondent.

                                     CORAM : R. M. JOSHI, J.
                                      DATE : 18TH AUGUST, 2026.

                 ORDER :


                 .       Applicants seek pre-arrest bail in connection with Cr. No.
                 376/2025 registered with Georai Police Station for the offences
                 punishable U/Sec. 119(1), 126(2), 352, 351(2), 351(3) and 3(5) of
                 the Bhartiya Nyaya Sanhita, 2023.


                 2.      First information report indicates that according to the
                 informant the incident of assault occurred on 16.06.2025, in
                 which the present applicants and co-accused abused and
                 assaulted him. There is allegation against applicant No. 1 that
                           2                         944 aba 1355.25

he snatched golden chain of the informant and gave it to the
applicant No. 2, who took it over.


3.    Learned counsel for the applicants submits that liberty of
the applicants was protected by this Court by order dated 12 th
August, 2025 and since then they are appearing before the
Investigating Officer every Monday. It is submitted that there is
dispute between the parties and change report is the cause of
said dispute.    According to him since the applicants have
cooperated in the investigation, interim relief granted by this
Court deserves to be confirmed. He further claims that there is
no criminal history on behalf of the present applicants.


4.    Learned A. P. P. opposes grant of relief to the applicants by
referring to the allegations against them in the first information
report, which according to him are supported by the statements
of the witnesses recorded during the course of investigation. It is
his submission that for the recovery of gold chain, the custodial
interrogation of the applicants is necessary.


5.    Perusal of the record reveals that there are disputes
between the parties on the issue of the trust by name Mohimata
Shikshan Sanstha, Madalmohi. Applicants have no criminal
history.   They were not found involved in similar crime
hereinbefore.   The possibility of false implication in view of
previous disputes between the parties cannot be ruled out. There
is no dispute about the fact that applicants are granted interim
                            3                          944 aba 1355.25

protection.   Since one year applicants are attending concern
police station. Having regard to the said fact, this Court finds no
justification not to confirm the interim protection.


6.     Hence application is allowed in term of interim order dated
12.08.2025.


                            ORDER

(i)    In the event of arrest of the Applicants in connection with
C.R. No.0376/2025 dated 17th June 2025, registered with Georai
Police Station for the offences punishable under Sections 119(1),
126(2), 352, 351(2), 351(3) and 3(5) of BNS are directed to be
released on bail on their furnishing PR bond in the sum of
Rs.20,000 (Rupees Twenty Thousand Only) each with one or
more sureties in the like amount.


(ii)   The Applicants shall furnish details of residential address
and other contact details such as mobile number etc. to the
concerned police station. If there is any change in the contact
details, the same shall be immediately intimated to the
concerned police station.


(iii) The Applicants shall not influence the witness/es and/or
tamper evidence in any manner whatsoever.


(iv)   The Applicants shall co-operate during the course of trial.
                        4                      944 aba 1355.25

(v)   Learned APP to communicate this order to the concerned
Investigating Officer.


                                     [ R. M. JOSHI, J. ]

bsb/Aug. 26

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