Bombay High Court

BABURAO KESHAV JADHAVversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Disposed off as Withdrawn

Holding

The court held that, in view of the applicant’s willingness to appear and cooperate and the lack of necessity for custodial interrogation, the anticipatory bail application was disposed of.

Summary

The 78‑year‑old applicant, Baburao Keshav Jadhav, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The State argued that custodial interrogation was unnecessary given the applicant’s age and health, provided he appeared before the investigating officer on two specified dates and cooperated with the investigation. The applicant’s counsel agreed to the proposed appearances and cooperation, stating the applicant’s apprehensions were allayed. The court, after recording the statements of both parties, found no merit in continuing the application. Consequently, the anticipatory bail application was disposed of without further order.

Issues considered

Whether anticipatory bail should be granted to a senior citizen with severe ailments when custodial interrogation is deemed unnecessary?
Whether the applicant’s undertaking to appear before the investigating officer and cooperate with the investigation obviates the need for pre‑arrest bail?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 118(1), 118(2), 3(5), 351(2), 351(3), 352

Subjects

anticipatory bail
pre‑arrest bail
senior citizen
health considerations
custodial interrogation
Section 482
Bharatiya Nyaya Sanhita

Judgment

915-ABA-586-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 586 OF 2026
Baburao Keshav Jadhav ...Applicant
Versus.
The State of Maharashtra And Anr. ...Respondents
-----
Mr. Kishor Walanju a/w Navneet Adsul, Advocate for the Applicant.
Mr. S. H. Yadav, APP for the Respondent – State.
PC Gavade, Karmala Police Station, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 7th October, 2026.
P.C. :

1. Heard, Mr. Kishor Walanju learned Advocate for the Applicant

and Mr. S. H. Yadav, learned APP for the Respondent – State.

2. By the present Application filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, the Applicant, a senior citizen

aged 78 years, is before this Court seeking pre-arrest bail in connection

with Crime No. 140 of 2026 registered at Karmala Police Station for

offences punishable under Sections 103(1), 118(1), 118(2), 351(2),

351(3), 352, and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Mr. S. H. Yadav, learned APP for the Respondent – State, states

that the Investigating Officer, Karmala Police Station, is conscious that

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the Applicant is a 78-year-old person with severe ailments, as recorded

by the Medical Officer (page no. 24 of the Application paperbook). He

therefore submits that the custodial interrogation of the Applicant is not

required, subject to the Applicant appearing before the Investigating

Officer, Karmala Police Station, on at least 2 days and co-operating with

the investigation in Crime No. 140 of 2026.

4. Mr. Kishor Walanju, learned Advocate for the Applicant, on

instructions from the Applicant, states that the Applicant shall appear

before the Investigating Officer on 12th and 13th October, 2026, from

10:00 am to 11:00 am and co-operate with the investigation in Crime

No. 140 of 2026. The statement made by Mr. Kishor Walanju, learned

Advocate for the Applicant, is accepted as a statement to the Court.

5. Based on the statement made by Mr. S. H. Yadav, learned APP,

that the custodial interrogation of the Applicant is not required in Crime

No. 140 of 2026, Mr. Kishor Walanju, learned Advocate for the

Applicant, on instructions from the Applicant, submits that the

Applicant's apprehensions are allayed and that this application be

disposed of.

6. By taking the statements made by Mr. Kishor Walanju, learned

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915-ABA-586-2026.doc

Advocate for the Applicant and Mr. S. H. Yadav, learned APP, on record,

this Application is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.08
14:31:37
+0530

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