Case Note & Summary
The applicant, Haribhau Dnyandev Chemte, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking pre-arrest bail in connection with C.R. No.152 of 2025 registered at Vimantal Police Station, Pune, for offences punishable under Sections 246, 318, 337, 339, and 340 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The case was lodged by the first informant, who intervened through counsel. The applicant was represented by Mr. S. B. Talekar, while the State was represented by APP Mr. A. R. Metkari, and the first informant by Senior Counsel Mr. Manoj Mohite. The court heard all parties and considered the submissions. The learned counsel for the applicant argued that the investigation was complete and the applicant had cooperated with the investigating agency, and therefore no custodial interrogation was required. The State and the first informant opposed the application, but the court found that the investigation had progressed to a stage where custodial interrogation was not necessary. The court noted that the applicant had been cooperating and that the investigation was complete. Consequently, the court allowed the application and granted pre-arrest bail to the applicant, subject to certain conditions. The judgment was delivered by Justice Madhav J. Jamdar on 16th September 2025.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 438 of Code of Criminal Procedure, 1973 - Pre-arrest bail granted where investigation is complete and no custodial interrogation is required - The applicant sought pre-arrest bail in a case involving cheating and forgery; the court held that since the investigation was complete and the applicant had cooperated, custodial interrogation was not necessary, and thus pre-arrest bail was granted (Paras 1-5).
Issue of Consideration
Whether the applicant is entitled to pre-arrest bail in connection with C.R. No.152 of 2025 for offences under Sections 246, 318, 337, 339, 340 of the Bharatiya Nyaya Sanhita, 2023, given that the investigation is complete and the applicant has cooperated.
Final Decision
The application is allowed. The applicant is granted pre-arrest bail in connection with C.R. No.152 of 2025 registered with Vimantal Police Station, Pune, for offences under Sections 246, 318, 337, 339, 340 of the Bharatiya Nyaya Sanhita, 2023, subject to conditions.
Law Points
- Pre-arrest bail
- Anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Cheating
- Forgery
- Criminal conspiracy
- Investigation complete
- No custodial interrogation
