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Bombay High Court

PRASHANT SAKHARAM ATREversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant with conditions, as he has satisfied the one‑third sentence requirement under BNSS and the trial is not imminent.

Summary

The applicant, Prashant Sakharam Atre, was arrested in connection with offences under IPC sections 354-A and 354-B and POCSO Act sections 11 and 12. He filed a bail application under Section 439 of the Cr.P.C., invoking the default clause of Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) after having served more than one‑third of the maximum prescribed sentence. The court examined the statutory provisions, noting that the applicant had already spent over half a year in custody, satisfying the one‑third rule under BNSS Section 351B, and that the trial was unlikely to conclude soon. While acknowledging the gravity of the offences, the court imposed strict bail conditions, including a personal bond, reporting requirements, and restrictions on travel and witness tampering. Consequently, bail was granted with the stipulated conditions.

Issues considered

  • Whether bail can be granted under Section 439 Cr.P.C. on the basis of the default clause in Section 479(1) BNSS after the accused has served more than one‑third of the maximum sentence for offences under IPC 354-A, 354-B and POCSO Act.
  • Whether the seriousness of the alleged sexual offences warrants denial of bail despite the statutory entitlement after serving the requisite portion of the sentence.

Legislation cited

Subjects

  • bail
  • Section 439 CrPC
  • default clause
  • BNSS
  • sexual offences
  • IPC 354A
  • IPC 354B
  • POCSO
  • conditions of bail

Judgment

                                                                       14.BA.1331.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO.1331 OF 2026

              Prashant Sakharam Atre                           .. Applicant
                         Versus
              The State of Maharashtra and Anr.                .. Respondents
                                          ....................
               Mr. Shubhankar Kulkarni a/w. Mr. Lokesh Zanzawar, Advocates for
                 Applicant.
               Mr. Vithal B. Konde-Deshmukh, APP for Respondent No.1.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : AUGUST 11, 2026
              P.C.:

              1.       Heard Mr. Kulkarni, learned Advocate for Applicant and Mr.

              Konde-Deshmukh, learned APP for Respondent No.1.


              2.       This is an Application under Section 439 of Code of Criminal

              Procedure, 1973 (for short ‘Cr.P.C.’) seeking Bail in connection with

              C.R. No.110 of 2023 registered with Dighi Police Station for offences

              punishable under Section 354-A and 354-B of the Indian Penal Code,

              1860 and Sections 11 and 12 of the Protection of Children from Sexual

              Offences Act, 2012.


              3.       Application is filed for seeking bail more specifically on the

              ground of default clause, as enumerated in sub-section (1) of Section

              479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short

              ‘BNSS’) . It is an admitted position, and as also confirmed by the

              learned APP, that the Applicant has undergone more than three and a

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half years of incarceration after the date of his arrest, which is more

than the one-third punishment as prescribed, to entitle him to apply for

bail, in view of the maximum punishment prescribed under Section

351B of BNSS. In that view of the matter, the learned Advocate has

drawn my attention to the judgment dated 20.03.2025 passed in Bail

Application No.655 of 2025, page No. 111, by this Court. Though, by

virtue of that judgment, the bail was denied, however, the aforesaid

issue has been so recorded by the Court while recording the

submissions of the learned advocate on behalf of the Applicant in

paragraph No.5 thereof.


4.        I have perused the provisions of Section 354A and Section

354B of the BNSS which prima facie prescribe the punishment from 3

years, which may extend up to 7 years. In view of the admitted fact

that the Applicant has already undergone more than one-third

sentence in incarceration, and the ignominy of the trial not being

concluded in the near future, the Applicant has made out a case for

grant of bail in view of he having spent more than one-third sentence

in incarceration and due to trial not been concluded in the near future.

Needless to state that, in view of the gravity of the offense as argued by

Mr. Konde-Deshmukh, learned APP, strict conditions shall, will have to

be imposed.


5.        In view of the above Applicant is released on bail on


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following terms:-


     (i)   Applicant is directed to be immediately released from prison

           in connection with Crime No.110 of 2023;


     (ii) Applicant is directed to be released on bail on furnishing P.R.

           Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one

           surety of the like amount;


     (iii) Applicant shall report to the Investigating Officer at

           concerned Police Station twice a month on the first and third

           Sunday of the month between 10:00 a.m. to 12:00 p.m.;


     (iv) Applicant shall co-operate with the conduct of trial and

           attend the Trial Court on all dates, unless specifically

           exempted and will not take any unnecessary adjournments,

           if he does so it will entitle the prosecution to apply for

           revocation of this order;


     (v) Applicant shall not leave the State of Maharashtra without

           prior permission of the Trial Court;


     (vi) Applicant shall not influence with any of the witnesses or

           tamper with the evidence in any manner;


     (vii) Applicant shall keep the Investigating Officer informed of his

           current address and mobile contact number and / or change

           of residence or mobile details, if any, from time to time, as


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                                applicable; and


                      (viii) Any infraction of the conditions shall entail cancellation of

                                bail granted to the Applicant.


               6.               Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                     [ MILIND N. JADHAV, J. ]
                         Digitally signed
                         by HARSHADA
               HARSHADA HANUMANT
                        SAWANT
               HANUMANT Date:
               SAWANT   2026.08.11
                         20:05:27
                         +0530




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