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Bombay High Court

SUNNY RAOSAHEB PAGAREversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Dismissed

Holding

Anticipatory bail was dismissed because the applicant failed to disclose his criminal antecedents, contrary to Supreme Court precedent.

Summary

Sunny Raosaheb Pagare applied for anticipatory bail before the Additional Sessions Judge, Nashik Road, claiming no criminal antecedents by marking "N.A." in the application. The trial judge, after checking the CIS system, discovered multiple undisclosed criminal antecedents and held that the applicant had deliberately suppressed this information, violating Supreme Court guidance. The judge noted that the application lacked details of the antecedents, such as case numbers and sections, and cited the Supreme Court decision in Zeba Khan v. State of U.P. which requires full disclosure. Consequently, the anticipatory bail was dismissed, but the court granted the applicant liberty to file a fresh application with complete antecedent details. The High Court upheld the trial judge’s dismissal.

Issues considered

  • Whether anticipatory bail can be granted when the applicant fails to disclose existing criminal antecedents.
  • Whether the omission of antecedent details violates the Supreme Court's directive on bail applications.

Subjects

  • anticipatory bail
  • criminal antecedents
  • disclosure
  • bail application
  • Supreme Court precedent
  • Criminal Procedure Code

Judgment

                                                                            927.ABA-2696.26.DOC




             Digitally signed      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             by PRACHI
PRACHI       PRANESH
PRANESH      NANDIWADEKAR
NANDIWADEKAR
             Date: 2026.10.03
                                         CRIMINAL APPELLATE JURISDICTION
             18:27:59 +0530
                                  ANTICIPATORY BAIL APPLICATION NO. 2696 OF 2026

                       Sunny Raosaheb Pagare                          … Applicant
                       V/s.
                       State of Maharashtra & Anr.                    …. Respondents
                                                   ______________________
                       Mr. Himanshu S. Gavit a/w Prasanna Nikam, for the Applicant.
                       Ms. M. R. Tidke, APP for the Respondent-State.
                                                    ______________________


                                                    CORAM : MADHAV J. JAMDAR, J.
                                                    DATED : 30 SEPTEMBER 2026
                       P. C. :-
                       1.         Heard Mr. Gavit, learned counsel appearing for the Applicant

                       and Ms. Tidke, learned APP, appearing for the State.


                       2.         The learned Additional Sessions Judge, Nashik Road by

                       order dated 5 August 2026 while rejecting the Anticipatory Bail

                       Application filed by the present Applicant has observed in

                       paragraph no. 10 which reads as under:

                                “10. It is pertinent to note that in Bail Application the
                                antecedents are shown as 'N.A.' which indicates 'Not
                                Applicable'. In affidavit the antecedents column kept blank.
                                This court has tracked the record of the applicant on CIS
                                system of Nashik-road and Nashik court. Surprisingly, this
                                court found number of criminal antecedents of the accused.



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                                                      927.ABA-2696.26.DOC




      The applicant has deliberately suppressed the antecedents
      and thus there is non-compliance of mandate of Hon'ble
      Apex Court in that regard. Admittedly accused Sunny
      Raosaheb Pagare has number of antecedents.”

                                               (Emphasis added)

3.      Thus, what is required to be noted that in the bail

application filed before the learned Trial Court the Applicant has

stated that as far as the antecedents are concerned, “N.A.” which

indicates “Not Applicable” and in the affidavit, the column

regarding antecedant is kept blank, thus indicating that there are

no antecedents. However, learned Additional Sessions Judge

himself traced the record of the Applicant on the CI system of

Nashik Road and Nashik and found that there are number of

criminal antecedents pertaining to the Accused.


4.      In the above circumstances, it is required to be noted that in

this Anticipatory Bail Application, it is stated in paragraph no. 32

as follows :-

      “32. That, the Applicant is having criminal antecedents but he is
      released on Bail in those offences.”


5.      Thus, what is stated in the Anticipatory Bail Application that

the Applicant is having criminal antecedents but he is released on




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                                                  927.ABA-2696.26.DOC




bail in those offences. Thus, no details whatever are given in the

Anticipatory Bail Application. Even it is not mentioned that how

many antecedents are there, no details of CR Nos., Sections under

which the offences registered are disclosed. The Hon’ble Supreme

Court in the case of Zeba Khan Vs. State of U.P. & Ors. 1 has

specifically stated that such type of application has to be dismissed

as it is the duty of the Applicant to approach the Court with clean

hands. Thus, accoridngly the Anticipatory Bail Application is

dismissed.

6.    However in the interest of justice, liberty is granted to the

Applicant to file a fresh Anticipatory Bail Application by giving all

the particulars of the antecedents.


7.    Accordingly, Anticipatory Bail Application is dismissed,

subject to above liberty.



                                          [MADHAV J. JAMDAR, J.]




1     2026 SCC OnLine SC 188




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