Case Note & Summary
The applicants, Rupali Bapurao Jadhav and Bapurao Bhanudas Jadhav, filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973, in connection with C.R. No. 2042 of 2025 registered at Kharghar Police Station, Navi Mumbai, for offences under Sections 406, 420, 465, 468, 471, and 120-B of the Indian Penal Code, 1860. The case arose from a complaint alleging cheating and forgery. The applicants, who are residents of Navi Mumbai and engaged in business, apprehended arrest. The court considered the submissions of the applicants' counsel, Mr. Shailesh Kharat and others, and the State's opposition by APP Mrs. Mahalakshmi Ganapathy. The intervenor was represented by Mr. Chaitanya Pendse. The court noted that the charge-sheet had already been filed and the applicants had cooperated with the investigation. The court held that custodial interrogation was not required at this stage. Consequently, the court allowed the application and granted anticipatory bail to the applicants on certain conditions, including furnishing a personal bond of Rs. 25,000 each with one or two sureties, and directing them to attend the investigating officer as required and not tamper with evidence.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 438 CrPC - Grant of Bail - The applicants sought anticipatory bail in connection with C.R. No. 2042 of 2025 for offences under Sections 406, 420, 465, 468, 471, 120-B of IPC. The court granted bail observing that the charge-sheet had been filed and custodial interrogation was not necessary. Held that when charge-sheet is filed and accused have cooperated, anticipatory bail can be granted (Paras 1-5).
Issue of Consideration
Whether anticipatory bail should be granted to the applicants when the charge-sheet has already been filed and custodial interrogation is not required.
Final Decision
The court allowed the anticipatory bail application. The applicants are directed to be released on bail in the event of arrest on furnishing a personal bond of Rs. 25,000 each with one or two sureties. They must attend the investigating officer as required and not tamper with evidence.
Law Points
- Anticipatory bail
- custodial interrogation
- charge-sheet filed
- cooperation with investigation
- Section 438 CrPC
