Bombay High Court
SANDHYA SHRIKANT JAGTAP AND ORSversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Anticipatory bail is granted to the applicants subject to the conditions imposed by the Court.
Summary
The applicants, members of the Jagtap family, were implicated in a violent land dispute over agricultural plots in Saswad, Pune, where injuries were inflicted on the complainant and his relatives. The prosecution alleged that the female applicants instigated the violence, while male co‑accused had already been taken into custody. The applicants sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences listed in the Bharatiya Nyaya Sanhita, 2023. The Court examined the FIR, noted that the applicants’ role was limited to instigation and that they had no prior criminal record. Considering the seriousness of the offences but the lack of direct participation, the Court granted anticipatory bail with stringent conditions, including surety, regular police reporting, and non‑interference with witnesses. The application was disposed of with the bail order.
Issues considered
- What is the appropriate exercise of power under Section 482 of the BNSS, 2023 in granting anticipatory bail to the female applicants?
- Does the alleged role of instigation, without direct participation in the violence, justify the grant of anticipatory bail despite the grievous nature of the offences?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 125(a), 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- land dispute
- instigation
- bail conditions
- criminal procedure
Judgment
912-ABA-2168-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2168 OF 2026
Sandhya Shrikant Jagtap & Ors. …Applicants
Versus
The State of Maharashtra …Respondent
Mr. Vikas Shivarkar, for the Applicants.
Mr. Mayur Sonawane, APP, for the Respondent-State.
Mr. Vaibhav Sonavane, API, attached to Saswad Police Station,
Pune Rural, Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 19th AUGUST 2026
PC:-
1. Heard Mr. Shivarkar, learned Counsel appearing for the
Applicants and Mr. Sonawane, learned APP appearing for the
Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail
in connection with C.R. No.300 of 2026 registered with Saswad
Police Station, Pune Rural, Pune, for the offences punishable under
Sections 109(1), 125(a), 189(2), 190, 191(2), 191(3), 352, 351(2)
and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
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912-ABA-2168-2026.DOC
3. The prosecution case is set out in paragraph Nos.3 and 4 of
the Anticipatory Bail Application, which reads as under:
“3) The brief case of the prosecution, as stated in
the FIR, is that there was an ongoing civil dispute
regarding agricultural land Gut Nos. 97/26 and
97/09 situated at Tarati Mala, Saswad, Taluka
Purandar, District Pune. On 01/07/2026, a quarrel
took place at the disputed land regarding removal
of irrigation pipes, and both sides allegedly
sustained injuries.
4) The Applicant submit that, the prosecution case,
in brief, is that there is an ongoing civil land dispute
regarding agricultural land Gut No. 97/26 and
97/09 located at Tarati Mala, Saswad, District Pune,
between informant and his family and applicants
family. That on 01/07/2026, at around 10:15 AM, a
dispute arose at the disputed land regarding the
removal of water pipes. The complainant, his
brother Subhash, and nephew Kunal were present
at the spot. A fight started between both sides.
Abhishek Jagtap allegedly drove a tractor into the
field and damaged the crops. When Kunal and the
complainant tried to stop him, Abhishek allegedly
drove the tractor over them on purpose. The
complainant suffered two fractures in his right leg,
and Kunal received serious, life-threatening injuries.
The complainant alleges that after another nephew,
Ranjit, arrived at the spot, a group of male accused
(Uday. Prasad, Dhanraj) along with the female
Applicants Nos. 1 to 3 allegedly pelted stones. It is
further alleged that when the women from the
complainant's family arrived later, they were
verbally abused by the accused party.”
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912-ABA-2168-2026.DOC
4. Perusal of the FIR and even the other material which has
been relied on by the learned APP is taken into consideration, then
also it is clear that only role attributed to the present Applicants,
who are female members, is that of instigation.
5. Perusal of the record further shows that there is a land
dispute between these two families, who are related with each
other. Although, it is correct that the injuries are grievous,
however, only role attributed to the present Applicants is that of
instigation. There are total 9 accused. Accused Nos.1 to 5 are
already in custody. The present Applicants are accused Nos.6 to 9.
There are no other antecedents against the Applicants.
6. Accordingly, the case is made out for grant of Anticipatory
Bail by imposing certain conditions. In view thereof, the following
order is passed:
ORDER
(a) In the event of arrest of the Applicant No.1- Sandhya
Shrikant Jagtap, Applicant No.2-Manisha Krishnakant
Jagtap, Applicant No.3-Jayshree Lakshmikant Jagtap
and Applicant No.4-Dhanraj Krishnakant Jagtap in
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912-ABA-2168-2026.DOC
connection with C.R. No.300 of 2026 registered with
the Saswad Police Station, Pune Rural, Pune, the
Applicants are directed to be released on bail on their
furnishing P.R. Bond in the sum of Rs.10,000/- each
with one or two solvent sureties each in the like
amount.
(b) The Applicants shall attend the concerned Police
Station on 27th August 2026, 28th August 2026 and
29th August 2026 between 11:00 a.m. to 02:00 p.m.
and shall cooperate with the investigation. In
addition, the Applicants shall attend the concerned
Police Station as and when called by the Investigating
Officer.
(c) The Applicants shall furnish their cell phone number
and residential address to the Investigating Officer
and shall keep the same updated, in case of any
change thereto.
(d) The Applicants 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
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912-ABA-2168-2026.DOC
to any Police personnel.
(e) The Applicants shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
7. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
SONALI
MILIND
PATIL
Digitally signed by
SONALI MILIND PATIL
Date: 2026.08.24
11:00:22 +0530
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