Bombay High Court
AKSHAY RAMCHANDRA SAPTALEversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Allowed
Holding
The anticipatory bail order dated 11 March 2024 is confirmed and made absolute.
Summary
The applicant, Akshay Ramchandra Saptale, sought anticipatory bail in Crime No.849 of 2023, which involved offences under Sections 354, 354A, 354D, 506 (read with 34) of the IPC and Sections 8, 9 and 12 of the POCSO Act. He was accused as No.2 among three accused and had already been granted interim bail on 11 March 2024 with conditions to cooperate with the investigation. The State argued that custodial interrogation was required, while the applicant contended he had cooperated and no bail conditions were breached. The court examined the prior interim bail, the seriousness of the offences, and the lack of any breach, and consequently confirmed and made absolute the anticipatory bail order. The application was disposed, and the legal aid fees for the respondent’s counsel were ordered to be quantified and paid.
Issues considered
- Whether the anticipatory bail granted on 11 March 2024 should be confirmed and made absolute.
- Whether custodial interrogation of the applicant is necessary despite his cooperation.
- Whether any breach of the bail conditions occurred warranting revocation of bail.
Legislation cited
- Indian Penal Code, 1860 — s. 34, 354, 354A, 354D, 506
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8, 9
Subjects
- anticipatory bail
- pre‑arrest bail
- IPC
- POCSO Act
- custodial interrogation
- legal aid
- bail conditions
Judgment
913-ABA-681-2024 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 681 OF 2024
Akshay Ramchandra Saptale …........Applicant
Versus.
The State Of Maharashtra And Anr. ….......Respondents
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Mr. Jolly Bhutelo a/w. Ms. Vrushali Ingle Patil for Applicant.
Mr. S.H. Yadav, A.P.P. for the Respondent No.1-State.
Ms. Tanaya Doke, Appointed Advocate for the Respondent No.2.
(Appointed under Legal Aid vide order date 28/09/2026) .
Officer : API K.D. Dhere, Mangalvedha Police Station, present.
-------
Coram : ASHWIN D. BHOBE, J.
Date : 30th September 2026.
PER COURT :
1. Heard. Mr. Jolly Bhutelo, learned Advocate for the Applicant, Mr.
Yadav, learned A.P.P. for the Respondent No.1-State and Ms. Tanaya Doke,
learned Advocate for the Respondent No.2.
2. On 11th March 2024, the following order was passed :
“ 1. Heard the learned Counsel for the applicant and the learned APP
for the State.
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913-ABA-681-2024 (CR).docx
2. This is an application for pre-arrest bail in connection with CR
No.849 of 2023, registered with Mangalvedha Police Station,
Solapur, for the offences punishable under Sections 354, 354A,
354D and 506 read with Section 34 of Indian Penal Code, 1860
("the Penal Code") and Sections 8, 9 and 12 of the Protection of
Children from Sexual Offences Act, 2012 ("the POCSO").
3. By an order dated 21 December, 2023, this Court has granted
protection to the co-accused. The learned Counsel for the
applicant submits that the applicant is similarly circumstanced.
4. I have perused the allegations in the FIR. Prima facie. the
applicant appears to be similarly circumstanced like Ajay Saptale,
who has been granted interim bail. I am, therefore, inclined to
protect the liberty of the applicant, and hear the application
alongwith ABA/3601/2023.
5. Hence the following order:
:ORDER:
(i) Issue notice to the respondents, returnable on 16th April, 2024.
(ii) The learned APP waives notice for respondent No.1/State.
(iii) Investigating Officer shall serve respondent No.2 and file report of
service.
(iv) In the meanwhile, in the event of arrest of the applicant in CR
No.849 of 2023, registered with Mangalvedha Police Station,
Solapur, the applicant be released on bail on furnishing a PR Bond
in the sum of Rs.30,000/- with one or two sureties in the like
amount.
(v) The applicant shall cooperate with the investigation and attend
Mangalvedha Police Station on 18th, 19th and 20th March, 2024
in between 10.00 am. to 1.00 pm., and, thereafter, as and when
directed by the Investigating Officer.
(vi) The applicant shall not tamper with the prosecution evidence
and/or give threat or inducement to the first informant or any of
the persons acquainted with the facts of the case.
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(vii) Stand over to 16th April, 2024.
To be listed alongwith ABA/3601/2023.”
3. Mr. Jolly Bhutelo, learned Advocate for the Applicant, states that there
are three (3) accused in Crime No.849 of 2023 and that the Applicant is
Accused No.2. He states that the Applicant has appeared before the
Investigating Officer and has cooperated with the investigation in Crime
No.849 of 2023.
4. Mr. S. H. Yadav, learned A.P.P. for Respondent No.1-State, on
instructions from the Investigating Officer, submits that the Applicant has
appeared before the Investigating Officer and has cooperated with the
investigation in Crime No.849 of 2023. He further submits that upon
completion of the investigation, the Investigating Officer has filed the charge-
sheet in Crime No.849 of 2023 against the Applicant. On instructions, he
submits that the custodial interrogation of the Applicant is not required in
Crime No.849 of 2023.
5. Ms. Tanaya Doke, learned Advocate for Respondent No. 2, submits that
the offence is serious in nature and therefore, custodial interrogation of the
Applicant is required.
6. Considering the statements made by Mr. Jolly Bhutelo, learned
Advocate for the Applicant and Mr. Yadav, learned A.P.P. for the Respondent
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No.1-State, bearing in mind that the Applicant has been protected by ad-
interim bail since 11th March 2024 and that there is no allegation of any
breach of the bail conditions, the order dated 11 th March 2024 is confirmed
and made absolute in terms of paragraphs 5(iv) and 5(vi) thereof.
7. Advocate Ms. Tanaya Doke, appointed under the Legal Aid Scheme, has
appeared for Respondent No. 2. Accordingly, the Bombay High Court Legal
Services Committee, Kolhapur Circuit Bench, shall quantify and pay the fees
of Advocate Ms. Tanaya Doke as per the Legal Aid Scheme.
8. The Anticipatory Bail Application No.681 of 2024 is disposed.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.10.01
10:46:30 +0530
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