Bombay High Court
ASHOK BAPU CHAVAN AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Since the dispute was settled out of court and the first informant raised no objection, custodial interrogation was not required and anticipatory bail was granted.
Summary
The applicant, Vaishali Anil Tikam, filed an anticipatory bail application fearing arrest in Crime No. 138 of 2025 for alleged offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the applicant and co‑accused had obtained the first informant's property using forged documents. The applicant contended that the dispute had been settled out of court and that the first informant had no objection to granting bail, rendering custodial interrogation unnecessary. The first informant, appearing in court, confirmed the settlement and expressed no objection. The Court, after hearing both sides, held that settlement and lack of objection obviated the need for custodial interrogation and consequently granted anticipatory bail on execution of a Rs.30,000 bond with sureties, directing the applicant to cooperate with the police as required.
Issues considered
- Whether anticipatory bail can be granted when the matter is settled out of court and the informant does not object.
- Whether custodial interrogation is mandatory in a case involving serious alleged offences under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 340(2), 341, 3(5), 61(2)
Subjects
- anticipatory bail
- settlement out of court
- custodial interrogation
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
14-ABA-2691-2025.doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2691 OF 2025
VAISHALI Ashok Bapu Chavan And Anr
ANIL VERSUS
TIKAM
State Of Maharashtra And Anr
Digitally signed
_________________________________________________________________
by VAISHALI
ANIL TIKAM
Date: Mr. Balwant Salunkhe, Advocate for Applicant.
2026.08.11
12:28:42 +0530 Mr. S.M. Mangaonkar, APP for Respondent-State.
Mr. Ganesh Iyer for Respondent No.2.
GPSI J.S. Pansare,Shikrapur Police Station present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 6th AUGUST, 2026
P.C. :
1. Heard learned counsel for the Applicant, learned APP and
learned counsel for First Informant.
2. Learned counsel for the Applicant tendered copy of the
cancellation deed. It is taken on record.
3. The Applicant is apprehending arrest in Crime No. 138 of 2025,
registered with Shikrapur Police Station, Dist. Pune for the offence
punishable under Sections 318(4), 336(3), 340(2), 341(), 61(2), 3(5) of
Bharatiya Nyaya Sanhita, 2023 (BNS).
4. It is prosecution’s case that Applicant and co-accused grabbed
the property of the first informant by preparing forged and false
documents.
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14-ABA-2691-2025.doc
Tikam
5. It is contention of learned counsel for the Applicant that the
matter is settled out of the Court and first informant has not objection to
allow the application and hence, his custodial interrogation is not required
and requested to allow the application.
6. It is contention of learned APP that allegations against the
Applicant are serious and hence, his custodial interrogation is required
and requested to reject the application.
7. Learned counsel for the First Informant, on instructions, submits
that the matter is settled between the parties out of the Court and submits
that the first informant has not objection to allow the application. The first
informant is present in the Court.
8. I have heard all learned counsel. Perused the FIR and
documents produced on record. As matter is settled out of the Court,
custodial interrogation of the Applicant is not required and I pass following
order.
ORDER
(i) In the even of arrest, the applicant be enlarged on bail in 138
of 2025, registered with Shikrapur Police Station, Dist. Pune, on executing
P.R. Bond in the sum of Rs.30,000/- with one or two sureties in the like
amount.
(ii) The applicant shall attend the concerned police station as and
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Tikam
when required.
The application is allowed in above terms and stands disposed
of.
9. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
10. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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