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Bombay High Court

SUSHIL ANKUSH MANEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court disposed of the anticipatory bail application, holding that since the applicant is already out on bail and any arrest can only occur after judicial permission, there is no immediate apprehension warranting anticipatory bail.

Summary

The applicant filed an anticipatory bail petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with serious IPC and POCSO offences. The State argued that the applicant had already been released on bail by the JMFC because the police had not complied with Section 48 of the Bharatiya Nyaya Sanhita, 2023, which requires written communication of the grounds of arrest. The State further contended that, following the Supreme Court’s directive in Mihir Rajesh Shah v. State of Maharashtra, arrest can only occur after the JMFC grants permission, rendering the anticipatory bail unnecessary. The court noted that the applicant is presently out on bail and any future arrest would be subject to the same procedural safeguards, including an opportunity to be heard. Consequently, the court disposed of the anticipatory bail application, finding no immediate apprehension of arrest.

Issues considered

  • Whether an anticipatory bail application is maintainable when the applicant is already released on bail due to non‑compliance with Section 48 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the requirement to supply grounds of arrest in writing, as mandated by Section 48 and reiterated by the Supreme Court in Mihir Rajesh Shah v. State of Maharashtra, negates the need for anticipatory bail.
  • Whether the possibility of future arrest, pending permission from the JMFC, creates a sufficient apprehension to justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 48
  • grounds of arrest
  • natural justice
  • non‑compliance
  • bail
  • POCSO
  • IPC
  • Supreme Court precedent

Judgment

                                                      910 ABA-2505-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2505 OF 2026
Sushil Ankush Mane                                       …Applicant
            Vs.
The State of Maharashtra                                 …Respondent


Mr. Prashant Hagare a/w. Mr. Utkarsh R. Pondkule, for the
Applicant.
Mr. S.V. Walve, APP for the Respondent-State.
Mr. Ayush Pasbola a/w. Mrunal Bhide, Basavaraj Yadav for the First
Informant.
API Shrikant More, Kharadi Police Station Pune.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATE :       17th SEPTEMBER, 2026
P. C.:

1.       This application under Section 482 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 filed by the Applicant seeking pre-arrest

bail in connection with C.R. No. 243 of 2026 registered with

Kharadi Police Station, Pune for the offences punishable under

Sections 354, 354-D, 376(2)(n), 376(2)(i) of the Indian Penal

Code, 1860 and Sections 4, 5(f), 5(l), 6, 8, 12 and 17 of the

Protection of Children from Sexual Offences Act, 2012 (POCSO

Act).




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2.    However, Mr. Walve, learned APP states that the Applicant

has already been released on bail by order dated 18 th July 2026

passed by learned JMFC, Pune in Remand Report No. 243 of 2026,

Police Station Kharadi, Pune as there is non-compliance of Section

48 of the Bharatiya Nyaya Sanhita, 2023 as the grounds of arrest

have not been communicated to the relatives of the Applicant.

Learned APP points out Paragraph 65 of decision of the Supreme

Court in the case of Mihir Rajesh Shah Vs. State of Maharashtra 1,

which reads as under :

      “65. It goes without saying that if the abovesaid

      schedule for supplying the grounds of arrest in writing

      is not adhered to, the arrest will be rendered illegal

      entitling the release of the arrestee. On such release, an

      application for remand or custody, if required, will be

      moved along with the reasons and necessity for the

      same, after the supply of the grounds of arrest in

      writing setting forth the Explanation for non-supply

      thereof within the above stipulated schedule. On receipt

      of such an application, the Magistrate shall decide the

      same expeditiously and preferably within a week of

1     2026 (1) SCC 500


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      submission thereof by adhering to the principles of

      natural justice.”


                                               (Emphasis added)


3.    Mr. Walve, learned APP, submits that, in compliance with the

directions issued by the Supreme Court in paragraph 65 of Mihir

Rajesh Shah (supra), the State of Maharashtra has filed an

application/report seeking permission to arrest the Applicant.

Thus, according to him, the present Anticipatory Bail Application

is, in fact, not necessary, as unless permission to arrest is granted

by the learned JMFC, the Applicant cannot be arrested.



4.    Mr. Hagare, learned counsel appearing for the Applicant,

points out the order dated 17th August 2026 passed by the learned

Additional Sessions Judge, Pune in Anticipatory Bail Application

No. 3983 of 2026, whereby the said application came to be

rejected.



5.    However, as the Applicant has already been released on bail

by the learned JMFC by order dated 18 th July 2026 for non-

compliance with Section 48 of the BNSS, and an application




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seeking permission to arrest the Applicant has already been filed,

there is no apprehension that the Applicant would be arrested

unless and until such permission is granted by the learned JMFC.



6.       Needless to observe that such permission will be granted

only after adhering to the principles of natural justice and

affording an opportunity of hearing to the Applicant.



7.       The Anticipatory Bail Application is disposed of in the above

terms.


                                             [MADHAV J. JAMDAR, J.]




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