In a significant ruling on anticipatory bail, the Bombay High Court, Nagpur Bench, has clarified that habitual offender status cannot be the sole ground for denying anticipatory bail. The Court emphasized that cooperation during investigation and the nature of the offence must be primary considerations, aligning its decision with recent Supreme Court precedents that limit the weight of criminal antecedents in bail determinations.
Background & Facts
The Dispute
The applicant, Kundan s/o Diwakar Meshram, sought anticipatory bail in Crime No. 0102/2026 registered at Aheri Police Station, District Chandrapur, for an offence punishable under Section 65(a) of the Maharashtra Prohibition Act. The prosecution alleged that on 31.03.2026, based on secret information, a police trap was laid to intercept a vehicle transporting illicit liquor. When signaled to stop, the driver fled into the forest, leaving behind 43 cartons of country-made liquor valued at Rs. 3,44,000/-, which were subsequently seized.
Key Facts
- 31.03.2026: Police trap laid based on secret information about illicit liquor transportation
- Vehicle details: Four-wheeler transporting liquor from Alapalli to Bhamragad
- Seizure: 43 cartons of country-made liquor worth Rs. 3,44,000/-
- Driver’s conduct: Fled upon being signaled to stop; could not be traced
- Applicant’s role: Identified as the vehicle owner and a habitual offender in similar offences
- Investigation requirement: Prosecution argued custodial interrogation was necessary to reach a logical conclusion
Procedural History
- Crime registration: Offence registered on 31.03.2026 under Section 65(a) of the Maharashtra Prohibition Act
- Interim protection: Applicant approached the High Court; interim protection granted on 26.05.2026 with the following observations:
"Ms. Haidari, the learned counsel for the applicant, submits that though cases are pending against him, the applicant has not been convicted in any of such offences. Ms. Haidari has placed reliance on the judgment of the Hon'ble Apex Court reported in 2025 LiveLaw (SC) 929 (Abhimanue v. State of Kerala), as well as the judgment passed in Special Leave Petition (Criminal) No. 10587 of 2025 (Ayub Khan v. State of Rajasthan), to contend that criminal antecedents even though can be a factor while deciding the application for anticipatory bail but cannot be the sole factor. She further submits that the offence is punishable only up to three years and therefore prays for an ad-interim bail. Having perused the application for anticipatory bail and having considered the contentions of the learned counsel for the applicant, as also the judgments relied on by her, at this stage, I am of the considered opinion that the applicant should be protected by granting an ad-interim anticipatory bail, as no fruitful purpose would be served by putting the applicant in custody at present."
- Final disposal: Matter taken up for final disposal on 29.06.2026
The Parties' Positions
- Applicant’s contention: Argued that he was not involved in the alleged offence and that his arrest was sought solely because of his status as a habitual offender. Emphasized his cooperation during investigation and reliance on Supreme Court precedents limiting the weight of criminal antecedents.
- State’s contention: Asserted that custodial interrogation was necessary due to the applicant’s habitual offender status and the need to reach a logical conclusion in the investigation.
Relief Sought
The applicant sought anticipatory bail, arguing that his custodial interrogation was unnecessary given his cooperation and the nature of the offence.
The Legal Issue
The central question was whether habitual offender status alone could justify denial of anticipatory bail under Section 65(a) of the Maharashtra Prohibition Act, or whether the court must consider additional factors such as cooperation during investigation and the nature of the offence.
Arguments Presented
For the Applicant
- Criminal antecedents cannot be the sole factor: Relied on Abhimanue v. State of Kerala (2025 LiveLaw (SC) 929) and Ayub Khan v. State of Rajasthan (SLP (Crl) No. 10587/2025) to argue that while criminal antecedents may be considered, they cannot be the sole ground for denying anticipatory bail.
- Offence gravity: Submitted that the offence under Section 65(a) is punishable with imprisonment up to three years, making it bailable in nature.
- Cooperation: Highlighted that the applicant had cooperated with the investigation by remaining present before the investigating officer as directed by the Court.
For the Respondent/State
- Custodial interrogation necessary: Contended that the applicant’s habitual offender status warranted custodial interrogation to ensure a thorough investigation and to prevent tampering with evidence.
The Court's Analysis
The Court undertook a two-pronged analysis to determine the applicant’s entitlement to anticipatory bail:
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Weight of Criminal Antecedents: The Court explicitly relied on the Supreme Court’s rulings in Abhimanue v. State of Kerala and Ayub Khan v. State of Rajasthan, which establish that criminal antecedents, while relevant, cannot be the sole basis for denying anticipatory bail. The Court observed that the applicant’s status as a habitual offender, though a factor, did not automatically justify custodial interrogation, especially in the absence of evidence suggesting his direct involvement in the alleged offence.
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Cooperation During Investigation: The Court noted that the applicant had cooperated with the investigation by remaining present before the investigating officer as directed. This cooperation was a critical factor in the Court’s decision, as it indicated that the applicant was unlikely to abscond or obstruct the investigation. The learned APP also confirmed the applicant’s cooperation, further strengthening his case.
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Nature of the Offence: The Court considered the punishment prescribed under Section 65(a) of the Maharashtra Prohibition Act, which is imprisonment up to three years. Given the relatively lesser gravity of the offence, the Court held that custodial interrogation was not necessary to secure the applicant’s presence or to ensure a fair investigation.
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Balancing Interests: The Court balanced the State’s interest in custodial interrogation against the applicant’s right to liberty, concluding that the latter outweighed the former in this case. The Court emphasized that anticipatory bail is not to be denied mechanically but must be decided based on the specific facts and circumstances of each case.
"In the facts and circumstances of the matter, considering the nature of allegation against the present applicant and the fact that he has cooperated during the course of investigation, I am of the opinion that custodial interrogation of applicant is not necessary. The applicant is entitled for anticipatory bail."
The Verdict
The Court allowed the application for anticipatory bail and passed the following directions:
- Bail conditions: The applicant shall be released on bail upon executing a PR Bond of Rs. 50,000/- with one solvent surety in the like amount.
- Attendance: The applicant shall attend the concerned police station as and when called by the investigating officer.
- Notice requirement: The investigating officer shall give one day’s prior notice to secure the applicant’s attendance.
- Contact details: The applicant shall furnish his address and telephone/mobile number(s) to the investigating officer and the Court, and shall not change the same until the final disposal of the case.
- Non-interference: The applicant shall not induce, threaten, or promise any witness to dissuade them from disclosing facts to the Court or police.
- Cooperation: The applicant shall not obstruct or hamper the investigation or tamper with evidence.
What This Means For Similar Cases
Habitual Offender Status Is Not Conclusive
- Legal principle: Courts must avoid mechanical denial of anticipatory bail based solely on habitual offender status. While criminal antecedents may be considered, they cannot be the sole ground for denying bail.
- Practical takeaway: Practitioners should argue that cooperation during investigation and the nature of the offence are equally, if not more, important factors in bail determinations.
Cooperation During Investigation Carries Significant Weight
- Legal principle: The Court placed substantial emphasis on the applicant’s cooperation during the investigation, including his presence before the investigating officer as directed.
- Practical takeaway:
- Advise clients to actively cooperate with the investigation to strengthen their bail applications.
- Highlight instances of cooperation in bail pleas, as this can tip the balance in favor of granting bail.
Offence Gravity Must Be Considered
- Legal principle: The Court noted that the offence under Section 65(a) of the Maharashtra Prohibition Act is punishable with imprisonment up to three years, making it a lesser gravity offence.
- Practical takeaway:
- In bail applications, always cite the maximum punishment prescribed for the offence to argue that custodial interrogation is unnecessary.
- For offences punishable with imprisonment up to three years, anticipatory bail should be the norm unless exceptional circumstances exist.
