Sangeeta Shivaji Sanap vs Sambhaji Gunga Kamble on 16 July, 2025

Supreme Court – Daily Orders

Sangeeta Shivaji Sanap vs Sambhaji Gunga Kamble on 16 July, 2025

Bench: Sudhanshu Dhulia, Aravind Kumar

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     ITEM NO.8                                   COURT NO.8                  SECTION II-A

                                      S U P R E M E C O U R T O F         I N D I A
                                              RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                         No(s).     6100/2025

     [Arising out of impugned final judgment and order dated 27-02-2025
     in CRLBA No. 1020/2023 passed by the High Court of Judicature at
     Bombay]

     SANGEETA SHIVAJI SANAP                                                      Petitioner(s)

                                                           VERSUS

     SAMBHAJI GUNGA KAMBLE & ANR.                                                Respondent(s)

     (FOR ADMISSION and I.R. , IA No. 97753/2025 - EXEMPTION FROM FILING
     C/C OF I/JUDGMENT, IA No. 97755/2025 - EXEMPTION FROM FILING O.T.)

     Date : 16-07-2025 This matter was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SUDHANSHU DHULIA
                             HON'BLE MR. JUSTICE ARAVIND KUMAR

     For Petitioner(s)                      Mr. Ravindra Keshavrao Adsure, AOR
                                            Mr. Prakash Wagh, Adv.
                                            Mr. Yash Prashant Sonawane, Adv.

     For Respondent(s)                      Mr. Jehangir M Khajotia, Adv.
                                            Mr. Rajeev Maheshwaranand Roy, AOR
                                            Mr. Nilesh Kumar, Adv.
                                            Mr. P Srinivasan, Adv.

                                            Mr. Aaditya Aniruddha Pande, AOR
                                            Mr. Siddharth Dharmadhikari, Adv.
                                            Mr. Shrirang B. Varma, Adv.
                                            Mr. Bharat Bagla, Adv.
                                            Mr. Sourav Singh, Adv.
                                            Mr. Aditya Krishna, Adv.
                                            Mr. Adarsh Dubey, Adv.
                                            Ms. Chitransha Singh Sikarwar, Adv.

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Signature Not Verified

Heard learned counsel for the parties.

Digitally signed by

Nirmala Negi
Date: 2025.07.21
17:02:53 IST
Reason:

Petitioner is the wife of the deceased and is seeking

cancellation of bail granted to respondent no.1 who was a sub-
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inspector in Maharashtra Police Department and accused in a case

bearing FIR 452/2021 registered with Panvel Police Station,

District Raigad, Maharashtra initially for the offences punishable

under Sections 279, 337, 338 of the Indian Penal Code (for short

“the IPC”), and later replaced after investigations under Section

302, 120B & 201 of the IPC and under Sections 184, 134(A), 134(B)

of the Motor Vehicles Act in which he has been granted bail by the

High Court. This order has been challenged before us by the

petitioner. The allegation is that the respondent no.1 along with

two other persons had conspired to kill petitioner’s husband who

was posted as a constable in the same department.

Be that as it may, the bail has been granted by the High

Court. The main consideration on which the High Court granted the

bail to the respondent no.1 is that he has remained in jail for 5

years which is reflected in paragraph 7 of the order impugned,

which reads as under:-

“The allegations against the Applicant are that, he in
conspiracy with co-accused Sheetal murdered the deceased
with the help of Accused Nos.2 and 3. The record shows
that, all allegations are against co-accused Sheetal, she
has been released on bail by the Sessions Court. The Nano
car used in crime was in the name of Sheetal Pansare. The
role attributed to the Applicant is of conspiracy, to
prove conspiracy evidence is required. The Applicant is
behind bar more than 5 years.”

All the same, the admitted position before us is that at the

time when bail was granted to the respondent no.1, he had undergone

only two years & six months of imprisonment. Consequently, the High
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Court had granted bail on wrong appreciation of incorrect facts.

Under these circumstances, we have no other option but to

cancel the bail granted to respondent no.1 by the High Court under

the order impugned.

Accordingly, we allow the prayer of the petitioner and set

aside the impugned order dated 27.02.2025.

The respondent shall surrender before the court concerned

within a period of two weeks from today i.e. on or before

31.07.2025 and then seek bail from the High Court in accordance

with law.

We also make it very clear that this order of cancellation of

bail shall not prejudice the case of the respondent no.1 for grant

of bail, if the High Court is of the opinion that a case of bail is

made out.

The present petition is disposed of in the above terms along

with pending application(s), if any.

(NIRMALA NEGI)                                                     (RENU BALA GAMBHIR)
ASTT. REGISTRAR-cum-PS                                           ASSISTANT REGISTRAR