Prakash Balkrishna Sankpal vs State of Maharashtra — Anticipatory Bail | Bombay HC (2026)

Prakash Balkrishna Sankpal vs State of Maharashtra — Anticipatory Bail | Bombay HC (2026)

What the court decided

AI extract

Outcome

Both anticipatory bail applications allowed. On arrest in Crime No. 492 of 2024 (Laxmipuri Police Station, District Kolhapur), the five applicants are to be released on bail on executing a Personal Bond of Rs.15,000/- each with one surety in the like amount, subject to conditions: (i) attendance at the concerned police station as and when called by the Investigating Officer, and (ii) no tampering with prosecution evidence.

Issue for consideration

Whether the applicants are entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of Crime No. 492 of 2024 (offences under Sections 395, 452, 342, 323, 347, 143, 147, 148, 149, 506 and 504 IPC), after the trial Court had rejected their earlier anticipatory bail application. +1 more

Court's answer

In the event of arrest of any of the applicants (Aashish Mukesh Turakhia, Sandhya Mukesh Turakhia, Ajit Powar, Prakash Balkrishna Sankpal, Kamlesh Prakash Sankpal) in Crime No. 492 of 2024, they are to be released on bail on executing a Personal Bond of Rs.15,000/- each with one surety in the like amount.

Ratio / Principle

Custodial interrogation/detention of the applicants is not warranted: there appears a civil dispute between the parties and the present complaint prima facie appears to have been filed with a view to pressurize the applicants; in these peculiar facts, the anticipatory bail applications are allowed.

Key takeaways

Condition of release: the applicants shall attend the concerned police station as and when called by the Investigating Officer.ratio¶36
Condition of release: the applicants shall not tamper with the prosecution evidence.ratio¶40

Detailed headnote1 paragraphs

Anticipatory bail — S.482, Bharatiya Nagarik Suraksha Sanhita, 2023 — Crime No. 492 of 2024, Laxmipuri P.S., Kolhapur — offences under Ss.395, 452, 342, 323, 347, 143, 147, 148, 149, 506 and 504 IPC (alleged dacoity; articles worth Rs.25,00,000/- said to be carried away) — trial Court had earlier rejected the applicants' anticipatory bail application, noting prima facie ingredients of tress-pass, dacoity, rioting, wrongful restrain and confinement, criminal intimidation and unlawful assembly, and that the applicants' quashing proceedings were not brought to its notice — Respondent No.2 had filed Regular Civil Suit No.464 of 2024 for injunction claiming tenancy, and in the order below Exhibit-5 the Civil Court found he failed to prove the tenancy claim — High Court (Nitin B. Suryawanshi, J.; 09-01-2026) held that a civil dispute appears between the parties and the complaint prima facie appears filed to pressurize the applicants; custodial interrogation/detention not warranted; applications allowed — release on Personal Bond of Rs.15,000/- each with one surety in the like amount; applicants to attend the police station when called by the I.O. and not to tamper with prosecution evidence.

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41-ABA-990-2025 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 990 OF 2025

Aashish Mukesh Turakhia

Sandhya Mukesh Turakhia

Ajit Powar ... Applicants Versus

The State of Maharashtra

Girish Shriram Fadate ...Respondents

WITH

ANTICIPATORY BAIL APPLICATION NO. 996 OF 2025

Prakash Balkrishna Sankpal

Kamlesh Prakash Sankpal ... Applicants Versus

The State of Maharashtra

Girish Shriram Fadate ...Respondents

Mr. Sanjeev Kadam, Senior Advocate a/w Ms. Varsha Thorat, Mr. Aarya V. Ambulkar i/by Mr. Rahul Walvekar, Advocate for Applicants.

Mr. Tanaji Mhatugade, Advocate for Respondent No.2. Mr. Anand Subhash Shalgaonkar, APP for the Respondent-State. I.O. Mr. Kanherkar (P.I.), Laxmipuri Police Station, present.

CORAM : NITIN B. SURYAWANSHI, J. DATE : 9^th JANUARY 2026. P.C.

By these applications filed under Section 482 of the

Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2026.01.09 15:19:25 +0530

Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants are seeking anticipatory bail in Crime No. 492 of 2024 registered with Laxmipuri

Sajakali Jamadar

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Police Station, District: Kolhapur for the offences punishable under Sections 395, 452, 342, 323, 347, 143, 147, 148, 149, 506 and 504 of the Indian Penal Code (IPC).

Pursuant to the order passed by the learned Magistrate, First Information Report (FIR) in question came to be registered at the instance of Respondent No.2, wherein it is in short alleged that the applicants herein have committed dacoity and carried away articles worth Rs.25,00,000/- belongings to him.

Heard learned Advocate for the Applicants, learned APP for the Respondent No.1-State and Learned Advocate for Respondent No.2. Perused the record.

It appears that the second respondent has filed Regular Civil Suit No.464 of 2024 for injunction against the applicants and claiming that he is the tenant of the property belonging to the applicants. In the order passed below Exhibit-5, Civil Court has observed that second respondent has failed to prove his claim that he is the tenant of the suit property.

The trial Court while rejecting the application filed by the applicants for anticipatory bail has observed that in the proceedings initiated by the applicants for quashing of the FIR in question were not brought to the notice of the trial Court and also on the ground that there is prima facie evidence of existence of the ingredients of

Sajakali Jamadar

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41-ABA-990-2025 (CR).DOC

tress-pass, dacoity, rioting, wrongful restrain and confinement, criminal intimidation, unlawful assembly, the trial Court has rejected the bail application filed by the applicants.

It appears that the order passed by the Competent Civil Court below Exhibit-5 referred to above was not brought to the notice of the trial Court while arguing the application for anticipatory bail. There appears civil dispute between the parties and the present complaint prima facie appears to have been filed with a view to pressurize the applicants. In these peculiar facts of the case, custodial interrogation/detention of the applicants is not warranted. Hence, applications are allowed.

In the event of arrest of applicants - Aashish Mukesh Turakhia, Sandhya Mukesh Turakhia, Ajit Powar, Prakash Balkrishna Sankpal, Kamlesh Prakash Sankpal in Crime No. 492 of 2024 registered with Laxmipuri Police Station, District: Kolhapur for the offences punishable under Sections 395, 452, 342, 323, 347, 143, 147, 148, 149, 506 and 504 of the Indian Penal Code (IPC), they be released on bail on executing Personal Bond in the sum of Rs.15,000/- each with one surety in the like amount.

The Applicants shall attend the concerned police station as and when called by the Investigating Officer.

Sajakali Jamadar

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41-ABA-990-2025 (CR).DOC

The Applicants shall not tamper with the prosecution

evidence.

(NITIN B. SURYAWANSHI, J.)

Sajakali Jamadar