Bombay High Court

BHARAT RAMESH BHOYEversusSTATE OF MAHARASHTRA

Decided: 8 January 2026
Disposal: Disposed Off
Bench: MADHAV JAMDAR

Holding

The court disposed of the anticipatory bail application, relying on the earlier interim order, as the charge‑sheet had been filed and the investigation was deemed complete.

Summary

The applicant Arjun sought anticipatory bail in connection with offences under the Indian Forests Act, 1927 for allegedly transporting illegal timber. The Single Judge initially granted interim protection, allowing amendment of the prayer to correct the C.R. number and directing the investigating officer to appear with investigation papers. The judge noted that the applicant was not named in the FIR and that the only evidence against him was the co‑accused's statement, questioning the Sessions Court's finding that he was the main smuggler. Conditions were imposed for bail, including a cash bond and non‑interference with witnesses. The respondent later informed the court that the charge‑sheet had been filed, indicating completion of the investigation, and the anticipatory bail application was subsequently disposed of per the earlier interim order.

Issues considered

What is the appropriate exercise of discretion by the court in granting or denying anticipatory bail when the applicant is not directly named in the FIR and evidence consists mainly of co‑accused statements?
Whether the court should require the production of investigation papers before deciding on anticipatory bail.

Legislation cited

Indian Forests Act, 1927

Subjects

anticipatory bail
illegal timber smuggling
Indian Forests Act
criminal procedure
bail conditions
investigation papers

Judgment

910-ABA-2849-2024.doc

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2849 OF 2024
Digitally
signed by
ARJUN Bharat Ramesh Bhoye …Applicant
ARJUN VITTHAL
VITTHAL KUDHEKAR
KUDHEKAR Date: Versus
2026.01.08
20:35:15
+0530
The State of Maharashtra …Respondent
_______________________________________________________________

Mr. Abhijeet Khade i/b Parashram Pawar, for the Applicant.
Ms. S. M. Yadav, APP, for the Respondent-State.
_______________________________________________________________

CORAM: MADHAV J. JAMDAR, J.
DATED: 08 JANUARY 2026

P.C.:

1. Heard Mr. Khade, learned Counsel appearing for the Applicant

and Ms. Yadav, learned APP for the Respondent-State of Maharashtra.

2. A learned Single Judge by detailed Order dated 25th November

2024 has granted interim protection to the Applicant. The said Order

dated 25th November 2024 reads as under :-

“. Heard learned counsel for the applicant and the
learned APP for the respondent-State.

2. Although on the last occasion i.e. on 23.10.2024, this
application was adjourned on the ground that copy of FIR was
not on record and liberty was granted to mention before the
Vacation Bench, today the learned counsel for the applicant
points out that the relevant document is at page No.35. It
shows registration of offences under the provisions of the
Indian Forests Act, 1927, against 3 named accused persons.
The said document also shows that the offence has been
recorded as C.R. No.T-9 of 2024. This is indeed the number

1
910-ABA-2849-2024.doc

mentioned in the remand report dated 27.06.2024 submitted
by the investigating officer before the Magistrate.

3. At this stage, the learned counsel for the applicant
seeks permission to amend the prayer clause of the present
application to incorporate the correct C.R. number. Leave is
granted to amend the application appropriately. The
amendment be carried out forthwith.

4. The allegation in the present case appears to be
against 3 named accused persons having illegally transporting
timber recorded as “kher” wood.

5. A perusal of the document at page No.35 of the
present application, which shows registration of aforesaid
offences against the 3 named accused persons, indicates that
the applicant is not named and specific overt act is not
attributed in the said document against the applicant.

6. In the remand report submitted by the investigating
officer dated 25.06.2024, all that is recorded is that the
arrested named accused person has stated that the aforesaid
timber was being illegally transported at the behest of the
applicant. At present, there does not appear to be any
material other than the statement of the co-accused persons,
which has led to the applicant also being shown as an accused
person. In this backdrop, it is difficult to understand why the
Sessions Court, while rejecting the anticipatory bail
application of the applicant, has observed that the applicant is
the main smuggler, who sells wood to customers at Gujarat.
Unless the investigation papers are perused, it would not be
appropriate to deprive the applicant of interim relief.

7. In view of the above, the investigating officer is
directed to remain present before this Court on the next date
with the investigation papers.

8. In the meanwhile, the following interim order is
passed:

(a) Till the next date, in the event the applicant is arrested in
connection with C.R. No.T-9 of 2024 dated 24.06.2024
registered at Surgana Police Station, District Nashik, he

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910-ABA-2849-2024.doc

shall be released on bail on furnishing PR Bond of ₹
50,000/- and one or two sureties in the like amount to
the satisfaction of the trial court.

(b) The applicant shall appear before the investigating
officer on 27.11.2024 and 28.11.2024 between 10:00
a.m. and 12:00 noon and thereafter as and when
required by the investigating officer.

(c) The applicant shall not influence the informant, witness
or any person concerned with the case and shall not
tamper with the evidence. He shall co-operate with the
investigation.

9. Needless to say, violation of any of the aforesaid
conditions may result in this order being cancelled.

10. List for further consideration on 07.01.2025, High on
Board.”

3. Ms. Yadav, learned APP, states that the Charge-sheet is already

filed. Thus, investigation is completed.

4. Accordingly, the Anticipatory Bail Application is disposed of in

terms of the Order dated 25th November 2024.

[MADHAV J. JAMDAR, J.]

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