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Bombay High Court

SUBODH SADANAND GHAGversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

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

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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                      Arjun
                                                  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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Arjun


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