Bombay High Court

TUKARAM VISHWANATH MALI AND AOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED
Bench: R M JOSHI

Holding

The anticipatory bail application is allowed, subject only to clause ‘B’, as custodial interrogation is not necessary.

Summary

The applicants, Tukaram Vishwanath Mali and another, filed an anticipatory bail application fearing arrest in a case (CR No. 56/2025) for alleged illegal sand extraction and transport without a license under Section 303(1) of the Bharatiya Nyaya Sanhita, 2023. They argued that they had cooperated with the investigation, the tractor seized during the probe had been returned to them by order of the competent court dated 20.03.2025, and therefore custodial interrogation was unnecessary. The respondents opposed the bail, emphasizing the seriousness of the alleged offence. The Court examined the relevance of custodial interrogation after the property had been restored and noted the applicants' cooperation. Concluding that further interrogation was not required, the Court allowed the anticipatory bail application, subject only to the exception of clause ‘B’.

Issues considered

Whether anticipatory bail should be granted to the applicants despite the seriousness of the alleged sand‑extraction offence.
Whether custodial interrogation is necessary after the seized tractor has been returned to the applicants.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 303(1)

Subjects

anticipatory bail
Section 303
illegal sand extraction
custodial interrogation
cooperation with investigation
seizure and return of property

Judgment

2026:BHC-AUG:23678
                                                                    916-ABA-446-2025.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     ANTICIPATORY BAIL APPLICATION NO. 446 OF 2025

                             Tukaram Vishwanath Mali And Another
                                           VERSUS
                             The State Of Maharashtra And Another
                                               ...
          Mr. A. S. Gandhi, Advocate for Applicants
          Mr. M. K. Goyanka, APP for Respondents
                                               ...

                                                         CORAM : R.M. JOSHI, J
                                                         DATE  : JUNE 17, 2026

          PC :

          1.          Applicant apprehends arrest in connection with C.R. No.

          56/2025 registered with Police Station Georai, Dist. Beed for the offences

          punishable under Sections 303(1) of the Bharatiya Nyaya Sanhita, 2023.


          2.          The allegation against the present Applicants and others is of

          illegal extracting sand from river bank and transporting the same without

          license.


          3.          Learned Counsel for the Applicants submits that pursuant to

          order dated 20.03.2025, Applicants have cooperated in the investigation

          and tractor allegedly taken away by the Applicants is already seized and in

          fact it is released in favour of Applicants pursuant to order passed by

          Competent Court. To support his submissions, he placed reliance on

          photocopy of this order.


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                                                            916-ABA-446-2025.odt




4.           Learned APP opposed the application by citing seriousness of

the crime.


5.           The custodial interrogation of the Applicants was required only

for the purpose of recovery of tractor. The photocopy of order passed by

learned JMFC, Georai indicates that after seizure of tractor, the same has

been returned to Applicants. As such, custodial interrogation of Applicants is

not necessary. Hence, Application stands allowed in terms of interim order

dated 20.03.2025 except clause no.’B’.


                                                     (R. M. JOSHI, J.)
Malani




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