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Bombay High Court

DEEPALI LAXMIKANT POTDARversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed Off

Holding

The Court granted anticipatory bail to the applicant, making the interim protection absolute subject to specified conditions.

Summary

The High Court considered the anticipatory bail application of Deepali Laxmikant Potdar, an Executive Engineer with MSRDC, who was alleged to be responsible for the death of eight travelers in a road accident. The prosecution charged her under Sections 105, 125(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, asserting a role in the incident, while the defence argued her limited involvement and that the actual driver was responsible. The Sessions Judge had initially granted interim protection, later rejected the bail but continued the interim order for two weeks. Relying on the applicant’s cooperation with the investigation, her senior position in a government undertaking, and the limited nature of the allegations, the Court granted anticipatory bail with specific reporting and conduct conditions. The Court modified the reporting condition to continue only until the charge‑sheet is filed and made the bail order absolute. The application was therefore disposed of in favour of the applicant.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under the Bharatiya Nyaya Sanhita, 2023, given the nature of the allegations and her role in the project.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • road accident
  • executive engineer
  • cooperation with investigation
  • bail conditions

Judgment

                                                         906-ABA-397-2026 (CR).docx


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

                     CRIMINAL APPELLATE JURISDICTION

         CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 397 OF 2026

Deepali Laxmikant Potdar                               … Applicant
                     Versus.
The State of Maharashtra & Anr.                        … Respondents


                                         -----
       Mr. Subir Sarkar (Through V.C.) a/w. Mr. Chirag Sancheti & Mr. Nakul
        Shukla i/b. Bulwark Solicitors for the Applicant.
       Mr. S.S. Chaudhari, A.P.P. for the Respondent-State.
       Officer : HC/1798 M.S. Anandpure, Velapur Police Station, present.
                                        -------

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   18th August 2026.

PER COURT :


1.      Heard Mr. Subir Sarkar, learned Advocate for the Applicant and Mr.

Chaudhari, learned A.P.P. for the Respondents-State.


2.      On 27th July 2026, this Court had passed the following order :


         1.        Heard learned senior counsel Mr. Ashok P. Mundargi
         and learned APP for the Respondent-State.
         2.        Issue notice to the Respondents, returnable on 17 th
         August, 2026.



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      3.          Learned APP waives service of notice on behalf of the
      Respondent-State.
      4.          Learned senior counsel Mr. Ashok P. Mundargi for the
      Applicant submits that the Applicant-woman is serving as an
      Executive     Engineer    with   the    Maharashtra      State   Road
      Development Corporation (MSRDC) and took charge of the
      concerned road project only in the year 2021, whereas the road
      was constructed in the year 2018. He further submits that the
      completion certificate in respect of the Mhaswad-Piliv-Pandharpur
      road was issued to the Roadway Solution India Private Limited by
      the Applicant. However, according to him, the Applicant is falsely
      alleged to be responsible for the unfortunate death of the eight
      travellers, who were the victims of the reckless driving of driver
      of the vehicle. He further submits that one of the Junior Engineer
      of MSRDC, who was also implicated in the present crime, has
      already been arrested and released on bail. The other contractor
      and the officials of the construction company have also been
      arrainged as accused in the present crime.
      5.          Learned senior counsel further submits that, having
      regard to the limited role attributed to the Applicant, the learned
      Sessions Judge, Malshiras while considering the anticipatory bail
      application, had initially protected to the Applicant by passing
      interim order dated 02/07/2026. The said interim order continue
      till the rejection of the bail application. Even after rejection of the
      bail application by order dated 15/07/2026, the learned Sessions
      Judge, Malshiras had continued the interim protection granted by
      order dated 02/07/2026 for a further period of two weeks. He
      submits that the Applicant is a senior officer serving in a

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      Government undertaking, has deep roots in society, has duly
      complied with the earlier interim order, and is ready and willing
      to abide by any condition that may be imposed by this Court.
      Hence, the Applicant may be protected.
      6.        Taking into consideration the aforesaid submissions,
      and particularly the interim protection granted by the learned
      Sessions Judge, Malshiras, vide order dated 02/07/2026 passed
      below Exhibit-5 in Criminal Bail Application No. 160 of 2026, as
      well as the subsequent order passed below Exhibit-15 continuing
      the said interim protection for a further period of two weeks, I am
      inclined to pass the following order:
                                     ORDER
           i.   In the event of arrest of the Applicant - Deepali
                Laxmikant Potdar, in connection with the Crime
                No.196 of 2026 registered with Velapur Police
                Station, Solpapur, for the offence punishable
                under Sections 105, 125(a) and 3(5) of the
                Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”),
                the Applicant be released on bail on furnishing
                P.R. Bond in the sum of Rs.50,000/- (Fifty
                Thousand Rupees Only), with one or two solvent
                sureties in the like amount, on the following
                conditions:
           A) The Applicant shall attend the concerned police
                station and report to the Investigating Officer on
                every Friday and Saturday between 11:00 a.m. to
                2:00 p.m., until further orders.
           B)      The   Applicant    shall   cooperate   with   the

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                investigation and shall also hand over the
                necessary documents of contract required for the
                completion of the investigation. .
            C) The Applicant shall not pressurize the prosecution
                witness and shall not tamper with the prosecution
                evidence, in any manner.
            D) The Applicant shall submit her Aadhar Card and
                PAN Card copy to the Investigating Officer along
                with mobile numbers and addresses of two of her
                near relatives.
      7.           Needless to say, violation of any of the aforesaid
      conditions may entitle the prosecution to seek cancellation of the
      interim relief herein above.
      8.         Stand over to 17th August, 2026.




3.    Mr. Subir Sarkar, learned Advocate for the Applicant, states that the

Applicant has appeared before the Investigating Officer at Velapur Police

Station and has co-operated with the investigation in Crime No. 196 of 2020.

He further states that the Applicant shall continue to co-operate with the

investigation in Crime No. 196 of 2026.


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

from the Investigating Officer, Velapur Police Station, Solapur, states that the

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



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                       with the investigation in Crime No. 196 of 2020. He further submits that the

                       Applicant has handed over the documents required by the Investigating

                       Officer for the investigation in Crime No. 196 of 2020.


                       5.      In view of the statements made by Mr. Subir Sarkar, learned Advocate

                       for the Applicant and Mr. Chaudhari, learned A.P.P. for the Respondents-State,

                       I deem it proper to continue the order dated 27 th July 2026 by making it

                       absolute.


                       6.      The Anticipatory Bail Application No. 397 of 2026 is disposed of in

                       terms of the order dated 27th July 2026. The condition No.(i) (B), (C) & (D)

                       shall continue to operate as a final order. However, condition No.(i) (A) is

                       modified to the limited extent and shall read as follows :-


                              “(A) The Applicant shall attend the concerned Police Station and

                                    report to the Investigating Officer on every Friday and Saturday,

                                    between 11:00 a.m. to 2:00 p.m., until filing of the charge-sheet

                                    in Crime No. 196 of 2026.”

                       7.      The Anticipatory Bail Application No. 397 of 2026 is disposed of.




                                                              [ ASHWIN D. BHOBE, J. ]
           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2026.08.19
           10:45:09 +0530




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