Case Note & Summary
The petitioners, Markas Yohan Thorat and Keshav Narayan Iddya, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connection with multiple FIRs registered at Bhoiwada Police Station (EOW, Mumbai), Lashkar Police Station (Pune), and Chatursingi Police Station (Pune) for offences under Sections 420, 406, 409, 467, 468, 471, and 120B of the Indian Penal Code, 1860. The petitioners are Indian inhabitants aged 67 and 60 years respectively, and claimed to be senior citizens. The respondents included the State of Maharashtra and several private individuals. The court noted that the investigation in all three FIRs was complete and charge sheets had already been filed. The learned APP for the State did not oppose the grant of anticipatory bail, conceding that custodial interrogation was not required. The court, therefore, allowed the application and granted anticipatory bail to the petitioners, subject to conditions including furnishing a PR bond of Rs. 25,000/- with one or two sureties, not tampering with evidence, not inducing witnesses, and attending the investigating officer as and when required. The court also directed that the petitioners shall not leave India without prior permission of the trial court. The judgment was delivered by a single judge of the Bombay High Court at Bombay on 24 June 2026.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 438 CrPC - Grant of Bail - Petitioners sought anticipatory bail in connection with FIRs for offences under Sections 420, 406, 409, 467, 468, 471, 120B IPC - Court held that since investigation was complete and charge sheet had been filed, custodial interrogation was not required - Petitioners granted anticipatory bail on conditions (Paras 1-4).
Issue of Consideration
Whether the petitioners are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, given that the investigation is complete and charge sheet has been filed, and whether custodial interrogation is necessary.
Final Decision
The court allowed the application and granted anticipatory bail to the petitioners, subject to conditions: (i) furnishing PR bond of Rs. 25,000/- with one or two sureties; (ii) not tampering with evidence or inducing witnesses; (iii) attending the investigating officer as and when required; (iv) not leaving India without prior permission of the trial court.
Law Points
- Anticipatory bail
- Section 438 CrPC
- custodial interrogation
- charge sheet filed
- investigation complete
- no custodial interrogation required
