Bombay High Court
SUBODH SADANAND GHAGversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- MADHAV JAMDAR
Holding
The Court granted anticipatory bail to the applicant, subject to specified conditions.
Summary
The applicant, Subodh Sadanand Ghag, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a FIR (CR No.85 of 2025) alleging offences under IPC Sections 420, 467, 468 and 471 relating to a property dispute with his ex‑wife, the first informant. The FIR, lodged on 5 May 2025, pertained to a leave‑and‑license arrangement made in 2004, indicating a 16‑year delay and a civil nature of the dispute. The prosecution argued that the applicant had unlawfully granted the license without the informant’s consent and was receiving rent. A Single Judge had earlier granted ad‑interim protection. The High Court, after considering the delay, the civil character of the dispute, and the applicant’s cooperation, granted anticipatory bail with conditions including a cash bond, sureties, and restrictions on contacting witnesses or tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for alleged offences arising from a civil property dispute.
- Whether the 16‑year delay in lodging the FIR precludes the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code, 1860 — s. 420, 467, 468, 471
Subjects
- anticipatory bail
- Section 482
- property dispute
- civil nature of FIR
- delay in FIR
- IPC offences
- bail conditions
Judgment
907-ABA-1663-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1663 OF 2025
Subodh Sadanand Ghag …Applicant
Versus
The State of Maharashtra & Anr. …Respondents
Digitally
signed by
ARJUN
ARJUN VITTHAL Mr. Nitin Sejpal a/w Siddharth Gharat, Krunal Thakkar, Sahir Patel
VITTHAL KUDHEKAR
KUDHEKAR Date: & Sameer Gauri, for the Applicant.
2026.01.28
22:04:00 Ms. G. P. Mulekar, APP, for the Respondent-State.
+0530
Mr. Apar Raje a/w Shantanu Katkar i/b Ketan Bhagat, for
Respondent No.2.
P.S.I. Doifode, Ambegaon Police Station, Pune City, present.
CORAM: MADHAV J. JAMDAR, J.
DATED: 28 JANUARY 2026
PC:-
1. Heard Mr. Sejpal, learned Counsel appearing for the
Applicant, Ms. Mulekar, learned APP, for the Respondent-State of
Maharashtra and Mr. Raje, learned Counsel appearing for
Respondent No.2.
2. By the present Anticipatory Bail Application filed under
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
Applicant is seeking pre-arrest bail in connection with CR No.85 of
2025 registered with the Ambegaon Police Station, Pune City, for
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907-ABA-1663-2025.DOC
the offences punishable under Sections 420, 467, 468 and 471 of
the Indian Penal Code, 1860.
3. As per the prosecution case, the property bearing Survey
No.39/10 is belonging to the First Informant and since 2004 an
area of 1000 sq.ft. out of the said property has been given on the
leave and license basis by the Applicant and the Applicant is taking
rent from the same. The Applicant is the ex-husband of the First
Informant.
4. It is the submission of Mr. Raje, learned Counsel for
Respondent No.2 that although the property is a joint property
between the Applicant and the First Informant, without informing
the First Informant the same has been given on the leave and
license basis and the Applicant is getting income out of the same.
5. Perusal of the record shows that the FIR has been lodged
inter alia with respect to the event which had taken place in the
year 2004. The FIR has been lodged on 5th May 2025. Thus, after
a delay of 16 years, the subject FIR has been lodged. Perusal of the
FIR, prima facie, shows that the dispute is of a civil nature.
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907-ABA-1663-2025.DOC
6. In any case, a learned Single Judge by Order dated 30th
June 2025 has granted ad-interim protection.
7. Thus, in the facts and circumstances, the case is made out
for grant of anticipatory bail.
8. In view thereof, the following Order is passed:
ORDER
(a) In the event of arrest of the Applicant - Subodh
Sadanand Ghag, in connection with CR No.85 of 2025
registered with the Ambegaon Police Station, Pune
City, he be released on bail on his furnishing PR Bond
in the sum of Rs.25,000/- with one or two solvent
sureties in the like amount.
(b) The Applicant shall attend the concerned Police
Station on 4th February 2026 and 5th February 2026
between 11:00 am to 02:00 pm and thereafter as and
when called by the Investigating Officer till filing of
the Charge-sheet and shall cooperate with the
investigation.
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907-ABA-1663-2025.DOC
(c) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
thereto.
(d) The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.
(e) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
9. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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