Bombay High Court

JAYSING BABAJI SANKPALversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The anticipatory bail application is allowed, subject to specified conditions.

Summary

Jaysing Babaji Sankpal applied for anticipatory bail under Sections 108, 351(2) and 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging that the deceased, a real‑estate broker, had committed suicide and that there was no clear evidence of his abetment. The trial court initially granted interim bail, noting the lack of prima facie proof of abetment. The applicant cooperated with the investigation, appearing before the police, handing over his mobile phone and agreeing to further cooperation. The State argued that, given the applicant's cooperation, custodial interrogation was unnecessary. The High Court confirmed the interim order, granting anticipatory bail with conditions requiring continued cooperation, prohibition on influencing witnesses, prohibition on tampering with evidence, and furnishing of residential details.

Issues considered

Whether anticipatory bail should be granted for offences under Sections 108, 351(2) and 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the applicant's cooperation with the investigation negates the need for custodial interrogation.
Whether the conditions imposed are sufficient to safeguard the investigation and prevent tampering or intimidation.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 108, 351(2), 352

Subjects

anticipatory bail
bail conditions
suicide
abetment
cooperation with investigation
evidence tampering
Bharatiya Nagarik Suraksha Sanhita

Judgment

965-ABA-257-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 257 OF 2026

Jaysing Babaji Sankpal … Applicant
Versus.
The State Of Maharashtra And Anr. … Respondents

-----
Mr. Abid Sayyad a/w. Mr. Parvej Nadaf i/b. Mr. Santosh Mane for the
Applicant.
Mr. Nitin B. Patil, A.P.P. for the Respondents-State.
Officer : PC/2010 Nilesh P. Nazare, Juna Rajwada Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 21st August 2026.

PER COURT :

1. Heard Mr. Abid Sayyad, learned Advocate for the Applicant.

2. On 12th May 2026, the following order was passed :-

“1. By the present application, the applicant is seeking pre-
arrest bail for the offences registered against him under
Sections 108, 351(2) and 352 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.

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2. It is admitted fact that the deceased was a real estate
broker. There was transaction of property between the
parties. The deceased has committed suicide. Prima facie, it
is not clear from the FIR that the present applicant had
abetted the commission of suicide.

3. Considering the nature of allegations levelled against the
present applicant, I am of opinion that applicant is entitled
for interim bail.

4. Hence, there shall be ad-interim relief in terms of prayer
clauses (b) and (c).

5. The applicant is directed to attend the concerned Police
Station twice in a week and co-operate with the
investigation.

6. Stand over to 16th June 2026.”

3. Mr. Abid Sayyad, learned Advocate for the Applicant, states that the

Applicant has appeared before the Investigating Officer and has co-operated

in the investigation of Crime No. 123 of 2026 registered with the Juna

Rajwada Police Station, District Kolhapur. He further states that the Applicant

shall continue to co-operate in the investigation and appear before the

Investigating Officer as and when required.

4. Mr. Nitin Patil, learned A.P.P. for the Respondents-State, on instructions

from the Investigating Officer, states that the Applicant has appeared before

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965-ABA-257-2026 (CR).docx

the Investigating Officer and cooperated in the investigation. Mr. Patil,

learned A.P.P., further states that the Applicant has handed over his mobile

phone handset to the Investigating Officer. On specific instructions from the

Investigating Officer, Mr. Patil, learned A.P.P., states that as the Applicant has

cooperated with the investigation, the custodial interrogation of the Applicant

is not required.

5. In view of the above, the order dated 12 th May 2026 is confirmed and

made absolute with the following additional conditions :

ADDITIONAL CONDITIONS:-

“(a) The Applicant shall co-operate with the investigation in Crime

No. 123 of 2026, dated 24th March 2026, registered with Juna

Rajwada Police Station, District Kolhapur and appear before the

Investigating Officer as and when required.

(b) The Applicant shall not, directly or indirectly, make any

inducement, threat or promise to any person acquainted with

the facts of the case to dissuade that person from disclosing

those facts to the Court or any police officer. The Applicant shall

not contact the Approver.

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(d) The Applicant shall provide the Investigating Officer with his

residential address and proof thereof, his contact numbers and

must inform the Investigating Officer of any changes to this

information from time to time.

6. Criminal Anticipatory Application No. 257 of 2026 is allowed in the

aforesaid terms.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.08.21
19:34:35 +0530

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