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Bombay High Court

InvestigationversusThe State of Maharashtra

Decided
Disposal
Disposed Off

Holding

The order directing the respondents to be taken into CBI custody cannot be stayed, and the request for a stay is rejected.

Summary

The Central Bureau of Investigation (CBI) filed a criminal revision application seeking to place three accused persons (Rakesh Kumar Sinha, Narinder Rajput and Vinay Kumar Kantheti) in CBI custody for two days. The trial court had granted them bail, and they remained out of custody. After the High Court directed that they be taken into custody, the accused’s counsel applied for a stay of that order, relying on the precedent of Central Bureau of Investigation v. Sunil Bajranglal Varma & Anr. The Court examined whether the earlier case, where the accused were on interim bail, was applicable, and held that the present respondents were released on bail at the threshold, making custodial interrogation necessary. Consequently, the Court rejected the request for a stay and affirmed the order directing custody, effectively allowing the CBI’s revision application.

Issues considered

  • Whether the order directing the respondents to be taken into CBI custody can be stayed pending further hearing.
  • Whether the precedent of CBI v. Sunil Bajranglal Varma & Anr. is applicable to the present facts.

Subjects

  • criminal revision
  • bail
  • custodial interrogation
  • stay of order
  • CBI custody
  • high court
  • criminal procedure

Judgment

                                                                                          10-REVN-460-2026 (CR).doc


                               N.S.Kamble


                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL REVISION APPLICATION. NO. 460 OF 2026

                               The Central Bureau Of Investigation,
                               Anti-Corruption Branch, Mumbai.                          ...Applicant

                               Versus

                               1. The State of Maharashtra
                               2. Rakesh Kumar Sinha
            Digitally signed
NILAM   by NILAM
        SANTOSH
                               3. Narinder Rajput
SANTOSH KAMBLE
KAMBLE Date: 2026.09.16
        18:38:09 +0530
                               4. Vinay Kumar Kantheti                     ...Respondents
                               ____________________________________________________________
                               Mr. Anil C. Singh, Addl. Solicitor General along with Mr. Kuldeep Patil,
                               SPP, Mr.Deepkumar Shrivastava (DLA-CBI), Mr. Limosin A. (ALA-CBI),
                               Mr. Digvijay S. Kachare, Mr. Krishnakant Deshmukh, Ms. Saili Dhuru, Mr.
                               Anay Joshi, Ms. Yukta Sawant, Mr. Sumitkumar Nimbalkar and Ms. Sanika
                               Joshi, for Applicant.

                               Mr. Balraj B. Kulkarni, APP for Respondent No.1-State.

                               Mr. Anish Desai along with Mr. Chinmay Sawant,                 Advocates for
                               Respondent No.2.

                               Mr. Saurabh Ghag along with Ms. Akshum Thakur, Ms. Nikita Chavan,
                               Mr. Siddhant Raul and Ms. Monali Gadhave i/b. Enact Legal, Advocates for
                               Respondent No.3.

                               Dr. Sujay Kantawala along with Mr. Pradeep CS, Mr. Rahul Agarwal, Ms.
                               Jasmin Purani, Mr. Harsh P. Shah, Mr. Akshay Raj B.R., Ms. Aishwarya
                               Kantawala , Ms. Ayushi Jha and Ms. Jeffry Caleb i/b. Rahul Agarwal
                               Associates, , Advocate for Respondent No.4.
                               ____________________________________________________________
                                                              CORAM : SHIVKUMAR DIGE, J.
                                                              DATE           : 16th SEPTEMBER, 2026

                                                               Page 1 of 3
                                                              10-REVN-460-2026 (CR).doc


N.S.Kamble




P.C. :

.              After uploading the order, the learned counsel for Respondent

Nos.2 to 4 (for short “Respondents”) appeared before this court and

requested that the operation of the order be stayed, as this court has directed

to take Respondents into custody. The learned counsel for Respondents

submit that the bail was granted to the Respondents by the learned Sessions

Judge and they are on bail for last 19 days. They are ready to co-operate

with the investigation. The learned counsel submit that as per view of the

this Court in the case of Central Bureau of Investigation v/s. Sunil Bajranglal

Varma & Anr.1 the order passed by this Court be stayed for a period of two

weeks.

2.             It is contention of the learned SPP that this court has passed the

order and the same has been uploaded. The judgment in the case of Sunil

Bajranglal Varma & Anr (Supra) was rendered in different circumstances

and it will not be applicable to the present case. The Respondents were

never taken into custody and their custodial interrogation is required, hence,

it is not necessary to stay the order.

3.             I have heard all learned counsel.

4.             This Court has allowed the Revision Application filed by the CBI

1    Criminal Revision Application No.583 of 2024.

                                             Page 2 of 3
                                                            10-REVN-460-2026 (CR).doc


N.S.Kamble


and has granted two days’ CBI custody to the Respondents and directed the

Investigating Officer to take the Respondents into custody.                    The

Respondents were not taken into custody by the trial court and without

taking them into custody, they were released on bail. In the case of Sunil

Bajranglal Varma & Anr. (Supra), the Respondent was on interim bail, but

in the present case, the Respondents were released on bail at the threshold.

After this Court directing the Respondents to be taken into CBI custody and

after uploading the order, stay cannot be granted.

5.           The oral request is rejected.



                                                  (SHIVKUMAR DIGE, J.)




                                    Page 3 of 3


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