Bombay High Court
SAYALI RAJARAM SARFAREversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court allowed the anticipatory bail application, imposing conditions and waiving custodial interrogation.
Summary
The petitioner, Sayali Rajaram Sarfare, sought anticipatory bail in connection with Crime No. 144 of 2024 registered at Kudal Police Station. The State argued that the applicant had not initially cooperated with the investigation, prompting orders directing her to appear before the Economic Offences Wing and later the investigating officer. The applicant complied with the directions, appearing on the stipulated dates and offering further cooperation. The court considered whether custodial interrogation was necessary, taking into account the applicant's gender, and examined the adequacy of the applicant's cooperation. Finding that the applicant had cooperated and that custodial interrogation was not required, the court granted anticipatory bail subject to strict conditions, including a personal bond, sureties, and obligations to report and not tamper with evidence. The application was disposed by granting bail on the stipulated terms.
Issues considered
- Whether anticipatory bail should be granted to the applicant in Crime No. 144 of 2024.
- Whether custodial interrogation is required given the applicant's gender and cooperation.
- What conditions, if any, should be imposed on the grant of anticipatory bail.
Subjects
- anticipatory bail
- criminal procedure
- gender considerations
- investigation cooperation
- bail conditions
- Economic Offences Wing
- Crime No. 144 of 2024
- Maharashtra
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
Digitally
signed by
VAIBHAV
VAIBHAV RAMESH
CRIMINAL APPELLATE JURISDICTION
RAMESH JADHAV
JADHAV Date:
2026.10.06
14:43:32
+0530
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 663 OF 2025
Sayali Rajaram Sarfare … Applicant
Versus
The State of Maharashtra & Anr. … Respondents
----
Mr. Harshad Bhadbhade with Shweta Ozja, Siddharth
Mehta, Shubham Gangan and Aarya Ambulkar for the
Applicant.
Dr. A. A. Takalkar, APP for the State.
Mr. Rahul Patil for Respondent No.2 (Appointed through
Legal Aid).
Jagtap, PI, EOW Sindhudurg, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATED : OCTOBER 5, 2026
P.C.:
1. Heard Mr. Harshad Bhadbhade, learned Advocate for the
Applicant, Dr. A. A. Takalkar, learned APP for the State and Mr. Rahul
Patil, learned Advocate for Respondent No.2.
2. On 24th July 2026, the following order was passed:
“1. The learned APP informs that despite the interim order directing the
Applicant to cooperate with the investigation, the Applicant has not submitted
the relevant documents necessary for completing the investigation.
2. The learned Counsel Mr. Harshad Bhadbhade appearing for the
Applicant, strongly opposes the statement made by the learned APP. He,
however, submits that whatever documents are required shall be provided by
the Applicant, if the same are available with her.
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3. In view of the above, it would be expedient, in the interest of justice,
to direct the Applicant to attend the Economic Offences Wing, Sawantwadi,
and to cooperate with the Investigating Officer by submitting the necessary
documents.
4. The Applicant shall attend the Economic Offences Wing, Sawantwadi,
on 27.07.2026 and 28.07.2026 between 11:00 a.m. and 02:00 p.m.
5. Stand over to 05.08.2026.
6. Interim relief if any, to continue till then.”
3. On 28th August 2026, the following order was passed:
“1. Dr. A. A. Takalkar, learned APP for the Respondent – State, on
instructions from the Investigating Officer, Kudal Police Station, states that
the presence of the Applicant is required for investigation in Crime No. 144 of
2024. She states that the Applicant be directed to appear before the
Investigating Officer, Kudal Police Station, in Crime No. 144 of 2024 on 1st,
2nd, 3rd and 4th September, 2026 from 10:00 am to 1:00 pm.
2. Mr. Harshad Bhadbhade, learned Advocate for the Applicant, on
instructions from the Applicant, states that the Applicant shall appear before
the Investigating Officer, Kudal Police Station, on the said dates and shall co-
operate with the investigation in Crime No. 144 of 2024.
3. The statement made by Mr. Harshad Bhadbhade, learned Advocate for
the Applicant, on instructions from the Applicant, is accepted.
4. In view of the above, list this Application on 09.09.2026”
4. Mr. Harshad Bhadbhade, learned Advocate for the Applicant,
states that the Applicant has appeared before the Investigating Officer
on the dates fixed and has cooperated with the investigation in Crime
No. 144 of 2024. He further states that the Applicant shall continue to
cooperate with the Investigating Officer and appear before him as and
when required.
5. Dr. A. A. Takalkar, learned APP for the State, on instructions from
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the Investigating Officer, Kudal Police Station, states that the Applicant
has appeared at the Police Station.
6. In view of the statements made by Mr. Harshad Bhadbhade,
learned Advocate for the Applicant and considering the Applicant's
gender, the custodial interrogation of the Applicant is not required in
Crime No. 144 of 2024. This Application is therefore allowed on the
following terms:
a) In the event of arrest of the Applicant in Crime No. 144 of
2024 registered with Kudal Police Station, the Applicant shall be
released on bail upon furnishing a PR bond in the sum of Rs.
50,000/-, with two sureties in the like amount to the satisfaction
of the Investigating Officer, Kudal Police Station.
b) The Applicant shall appear and report to the Investigating
Officer, Kudal Police Station, on 12 th , 13th , 14th , and 15th
October 2026 from 10:00 a.m. to 1:00 p.m. and thereafter, as and
when required by the Investigating Officer. The Applicant shall
cooperate with the Investigating Officer in the process of
investigation of Crime No. 144 of 2024.
c) The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person/s acquainted with
the facts of the case to dissuade such person/s from disclosing
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those facts to the Court or any police officer.
d) The Applicant shall not tamper with evidence in any
manner.
e) The Applicant shall provide the Investigating Officer, Kudal
Police Station, with her residential address along with proof, her
contact number and must inform the Investigating Officer of any
changes to this information from time to time.
7. Anticipatory Bail Application No. 663 of 2025 is disposed .
(ASHWIN D. BHOBE, J.)
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