Bombay High Court
SWAPNIL SUNIL POTDAR AND ANRversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court confirmed and made absolute the anticipatory bail order originally granted on 21 December 2023.
Summary
Swapnil Sunil Potdar and Rohit Motilal Narote applied for anticipatory bail in connection with CR No.1602 of 2022, which alleged offences under Sections 323, 326, 354, 452, 504, 506 read with Section 34 of the IPC. The trial court, on 21 December 2023, granted conditional anticipatory bail, requiring the applicants to cooperate with the investigation and report to the police. The applicants later cooperated, the investigation was completed, and a charge‑sheet (RCC No.789 of 2025) was filed before the Judicial Magistrate First Class, Solapur. Both parties agreed that the applicants had complied with the bail conditions. Consequently, the High Court confirmed the earlier order and made the anticipatory bail absolute, disposing of the application.
Issues considered
- Whether anticipatory bail should be granted despite the seriousness of the offences alleged under the IPC.
- Whether the conditions imposed by the trial court are sufficient to safeguard the investigation and the interests of justice.
- Whether the applicants' cooperation with the investigation and filing of the charge‑sheet affect the continuance of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code, 1860 — s. 323, 326, 34, 354, 452, 504, 506
- Right to Information Act, 2005
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
- cooperation with investigation
- serious offences
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 3578 OF 2023
1. Swapnil Sunil Potdar
2. Rohit Motilal Narote …...Applicants
VERSUS
The State Of Maharashtra …...Respondent
_________________________________________________________________
Mr. Vikrant Phatate (Through V.C.) a/w Mr. Ashutosh Purwant, for
Applicants.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
Mr. C. D. Mali, A.P.P., for the Respondent - State.
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.28
21:04:36
+0530 _________________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th SEPTEMBER, 2026.
P.C.
1. At the outset, Mr. C. D. Mali, learned A.P.P. for the Respondent –
State, submits that he had appeared before this Court on 22nd September
2026. However, his name is not shown in the appearance and the names of
other A.P.Ps. are shown. He, therefore, requests for correction of the
appearance in the Cause Title as well as in paragraph No.4 of the order
dated 22nd September 2026.
2. At the request of Mr. C. D. Mali, the appearance in the order
dated 22nd September 2026, in the Cause Title as well as in paragraph
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No.4, shall be read as “Mr. C. D. Mali, learned A.P.P. for the Respondent –
State”.
3. Heard Mr. Vikrant Phatate, learned Advocate for the Applicants
and Mr. C. D. Mali, learned A.P.P. for the Respondent – State.
4. On 21st December 2023, the following order was passed:
“1. Heard the learned Counsel for the parties.
2. Apprehending arrest in C.R.No.1602 of 2022 registered with
Vijapur Naka Police Station for the offences punishable under
Sections 323, 326 354, 452, 504, 506 read with Section 34 of the
Indian Penal Code, the applicant has preferred this application.
3. Learned Counsel for the Applicant submitted that initially on the
report of Kashinath G. Potdar, a NC complaint was registered for
the offences punishable under Sections 323 and 504 read with
Section 34 of IPC. Upon the applicant No.1 seeking information
under the Right to Information Act, Police informed that the
offences punishable under Sections 326 and 354 have been
registered vide C.R.No.1602 of 2022.
4. Learned Counsel further submitted that in the report which was
initially lodged by Kashinath G. Potdar, there is no reference to
assault by any weapon nor to any act or conduct outraging the
modesty of a woman.
5. Prima facie, NC complaint does not advert to any assault by
means of any weapon, nor there are allegations of outraging the
modesty of a women.
6. Learned APP seeks time to take instructions as the Investigating
Officer is not present.
7. It would be necessary to ascertain the allegations in the FIR on
the basis of which CR No.1602 of 2023 has been registered and
the nature of injuries sustained by the injured.
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8. In view of the above, till the application is heard, by providing an
opportunity to the prosecution, it may be expedient to protect
the liberty of the Applicant.
9. Hence, the following order :
ORDER
(i) In the event of the arrest of the Applicants –
Swapnil Sunil Potdar and Rohit Motilal Narote in
connection with C.R.No.1602 of 2022 registered
with Vijapur Naka Police Station, they be
released on bail on furnishing a PR bond in the
sum of Rs.30,000/- each with one or two sureties
in the like amount.
(ii) The Applicants shall co-operate with the
investigation and report to Vijapur Naka Police
Station on 3rd and 4th January 2024 in between
10.00 a.m. to 1.00 p.m., and, thereafter, as and
when directed.
(iii) The Applicants shall not tamper with the
prosecution evidence and/or give threat or
inducement to the first informant or any of the
prosecution witnesses or any of the persons
acquainted with the facts of the case.
(iv) Stand over to 12 February 2024.”
5. Mr. Vikrant Phatate, learned Advocate for the Applicants, states
that the Applicants have appeared and co-operated with the investigation
in Crime No.1602 of 2022. He submits that the investigation in the said
crime is complete and a charge-sheet has been filed, which is now
registered as R.C.C. No.789 of 2025 and is pending before the Court of the
learned J.M.F.C., Solapur. He further states that the Applicants have
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appeared before the J.M.F.C., the Applicants have furnished the P.R. Bonds
before the J.M.F.C., Solapur and the Applicants are regularly appearing
before the J.M.F.C. Solapur in R.C.C No.789 of 2025.
6. Mr. C. D. Mali, learned A.P.P. for the Respondent – State, does not
dispute the said statements made by Mr. Vikrant Phatate, learned Advocate
for the Applicants.
7. In view of the statements made by Mr. Vikrant Phatate, learned
Advocate for the Applicants and Mr. C. D. Mali, learned A.P.P. for the
Respondent – State, and further, the Applicants being on interim bail since
December 2023, the said order dated 21st December, 2023 is hereby
confirmed and made absolute.
8. Anticipatory Bail Application No.3578 of 2023 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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