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2025 Supreme(Bom) 1930
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J. JAMDAR, J.
Sahebrao Chandu Chavan - Applicant
Versus
State Of Maharashtra - Respondent
ANTICIPATORY BAIL APPLICATION NO.3201 OF 2025
Decided On : 10-12-2025
For the Applicant :Mr. Vaibhav Gaikwad, A/w Mr. Yash Naik, Advocate
For the Respondent:Mr. S.M. Mangaonkar, APP, Ms. Komal Sinha, Advocate Appointed
PSI, Ashok Shirsat, Vimantal Police Station, Pune present.
The court grants anticipatory bail to a senior citizen in serious allegations, emphasizing balance between the grave nature of accusations and the applicant's age and character.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bharatiya Nyaya Sanhita, 2023 - Section 75(1)(i) - Protection of Children from Sexual Offences Act, 2012 - Sections 8 and 12 - Application for anticipatory bail in serious offences involving minors - Although the charges are grave, the applicant is a senior citizen and a retired Army officer with a distinguished service record. Stringent bail conditions imposed to ensure cooperation with the investigation. (Paras 4, 6, 7)
(B) Anticipatory bail - Considerations in granting anticipatory bail include the nature of the offence, the applicant’s age and character, and compliance with investigative authorities. (Paras 6, 7)
Facts of the case:
The applicant faces allegations of showing obscene material to young girls and inappropriately touching them. He denies wrongdoing, claiming affection led to misunderstandings, and is seeking bail conditions due to his age and status.
Findings of Court:
Pre-arrest bail granted subject to strict conditions; applicant must report weekly to the police station and avoid Pune district except for legal obligations.
Issues: The primary issues include the serious nature of the allegations against the applicant versus his status as a senior citizen and retired officer.
Ratio Decidendi: The court found that while the accusations are severe, the applicant's age and contribution to society warranted the granting of bail under stringent conditions to mitigate risk.
Result: Anticipatory bail application allowed.
| Table of Content |
|---|
| 1. details of the alleged offense against the applicant. (Para 2 , 3) |
| 2. applicant's argument and character references. (Para 4) |
| 3. opposition to the anticipatory bail application based on seriousness. (Para 5) |
| 4. court's recognition of the applicant's age and service but focus on serious allegations. (Para 6) |
| 5. granting of anticipatory bail with conditions. (Para 7 , 8) |
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Mr. Gaikwad, learned Counsel appearing for the Applicant, Mr. Mangaonkar, learned APP appearing for the State and Ms. Sinha, learned Advocate appointed to represent the interest of the Respondent No.2.
2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“ BNS S ”), the Applicant is seeking pre-arrest bail in connection with C.R. No.511 of 2025 registered with Vimantal Police Station, Pune City, for the offences punishable under Sections 75 (1)(i) of the Bharatiya Nyaya Sanhita, 2023 (“ ”) and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO”).
3. As per prosecution case, when the daughters of the First Informant aged about 6 years old and 4½ years old went to the house of the Applicant to play with his grand-daughter, he has shown obscene videos to the victims and also touched their private parts.
4. Mr. Gaikwad, learned Counsel submits that as the victims are friends of grand-child of the Applicant and as they used to come to the Applicant’s place for playing, he has kissed the victims just to shower love as grandfather and same has been misunderstood by the victims.Mr. Gaikwad, learned Counsel appearing for the Applicant states that although the offence is very serious, however, the Applicant is a senior citizen of 72 years. He is retired Army Officer and has served the Nation. The Applicant possesses a distinguished service record and has participated in major defence missions, including Operation Cactus Lily during the 1971 Bangladesh Liberation War. He submits that the Applicant is the reciepient of numerous military awards for his service, including Long Service and Good Conduct Medal, the 9 Years Long Service Medal, the Sangram Medal, the Sainya Sewa Medal, the Samanya Sewa Medal, the Paschimi Star Medal, and 25th Independence Anniversary Medal. He submits that as houses of both the Applicant and victims are adjoining to each other at Pune, the Applicant has shifted to Satara and he has complying with the Order dated 21st November 2025, by which conditions have been imposed by this Court. He submits that the Applicant will co- operate with the investigation and will not enter District-Pune except for attending the investigation and for trial, if the Charge - sheet is filed.
5. On the other hand, Mr. Mangaonkar, learned APP and Ms. Sinha, learned Advocate appointed to represent the interest of the Respondent No.2 strongly opposes the Anticipatory Bail Application. Both of them submitted that the offence is very serious where the daughters of the First Informant aged about 6 years and 4½ years old were shown obscene videos by the Applicant and he has touched their private parts. Mr. Mangaonkar, learned APP pointed out statement under Section 183 of the BNSS recorded of the victims. Both of them therefore submitted that the Anticipatory Bail Application be dismissed.
6. Perusal of record shows that the offence is very serious and heinous, however, the Applicant is a senior citizen of 72 years. The incident in question has taken place at Pune, the Applicant has shifted to District-Satara and he is staying at the place of his son- in-law i.e. – C/o Ganesh Balu Bhise, TF-3, Prasanna Arcade, Durga Peth, Satara and he will report to the Satara City Police Station. The Applicant is a retired Army Officer and has served the Nation and participated in major defence missions and possesses Distinguished Service record. Thus, by imposing stringent conditions, pre-arrest bail can be granted. Hence, following Order is passed:
ORDER
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