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2025 DIGILAW 1501 (BOM)

Sahebrao Chandu Chavan v. State of Maharashtra

2025-12-10

MADHAV J.JAMDAR

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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 (“BNSS”), 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 (“BNS”) 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 25 th 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 21 st 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. 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 (i) In the event of arrest, the Applicant- Sahebrao Chandu Chavan be released on bail in C.R. No.511 of 2025 registered with Vimantal Police Station, Pune City, on executing P.R. bond of Rs.25,000/- and furnishing one or two solvent sureties in the like amount. (ii) The Applicant shall not enter Pune District except for attending the Police Station, if called and for attending trial, if any. (iii) The Applicant shall attend the Satara City Police Station, District-Satara once a week i.e. on every Sunday between 11.00 a.m. to 2.00 p.m. till filing of the charge sheet. The Police Inspector of Satara City Police Station to communicate the details of the same to the Investigating officer. (iv) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. The Police Inspector of Satara City Police Station to communicate the details of the same to the Investigating officer. (iv) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (v) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (vi) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner. 7. The Anticipatory Bail Application is allowed and disposed of accordingly. 8. This Court places on record appreciation of the assistance rendered by Ms. Komal Sinha, learned Advocate appointed to represent the interest of the Respondent No.2.