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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.
- Saili Dhuru
- Nikita Chavan
- Saurabh Ghag
- Siddhant Raul
- Chinmay Sawant
- Yukta Sawant
- Anay Joshi
- Digvijay S Kachare
- Sanika Joshi
- Sujay Kantawala
- Sumitkumar Nimbalkar
- Aishwarya Kantawala
- Akshay Raj B R
- Akshum Thakur
- Anish Desai
- Ayushi Jha
- Balraj B Kulkarni
- Deepkumar Shrivastava
- Harsh P Shah
- Jasmin Purani
- Jeffry Caleb
- Krishnakant Deshmukh
- Limosin A
- Monali Gadhave
- Pradeep Cs