13 - ABA - 3129 - 2022.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 3129 OF 2022 Santosh Namdev Jadhav … Applicant V/s. State of Maharashtra … Respondent None for the Applicant. Mr. S. H. Yadav, APP for the State. D. B. Kurundwade, Police Constable, Khed, Ratnagiri is present. CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 15, 2026 P.C.: 1. This Anticipatory Bail Application is of the year 2022 and, as such, was ordered to be listed on today's “Daily Board” under the caption “Prioritized Cases”. 2. This Application is at Serial No.13. When this Application was called out, neither the Applicant nor the Advocate for the Applicant is present, either physically or through V.C. mode. 3. By this Application, the Applicant is seeking pre-arrest bail in connection with Crime No. 216 of 2022 registered with Khed Police Station, Ratnagiri. VRJ 1 13 - ABA - 3129 - 2022.docx 4. On 14th November 2022, the following order was passed: “1. Heard learned Counsel for the applicant and learned APP for State. Investigating Officer is present. 2. Apprehending arrest in connection with Crime No. 216/2022 registered with Khed Police Station, Ratnagiri for the offences punishable under Sections 409, 420, 465, 468 and 471 of the Indian Penal Code, applicant is seeking pre-arrest protection. 3. At the outset, learned APP seeks time to file reply. Time granted. 4. The subject offence came to be registered on 30th July, 2022 on the complaint filed by the Chief Executive Officer of Khed Municipal Council, Ratnagiri. 5. A gist of the complaint was that, Mayor of the Municipal Council had availed, fuel (diesel) allowance, in excess of the prescribed limit, at the cost of the Municipal Council, during the period 1st January, 2020 to 31st December, 2020. This irregularity was brought to the notice of the Collector, Ratnagiri. He, inturn submitted report to the State Government on 27th August, 2021. It appears, as per the by- laws for C-Grade Municipal Council, Mayor is not entitled to maintain and use the private vehicle at the cost of Municipal Council. As it appears, requisition for the fuel, could be made, only upon verifying logbook of vehicle. However, it was found that the logbooks of vehicles used by Mayor, were not maintained. This, irregularity was enquired into, and the report was filed to the State Government. It appears from, the order dated 11th August, 2022 (whereby pre-arrest protection has been granted to the Mayor) that, upon submitting the Enquiry Report, on 7th April 2022, Minister, Urban Development Department, held, Mayor responsible, for the irregularity. Be that as it may, in another enquiry that was conducted in January, 2021, the applicant was held responsible for not maintaining the logbooks of the vehicles. However, the fact remains, the excess fuel was sanctioned to, the official and private vehicles of the Mayor, and for which, prima-facie, the requisition slips were issued by the Office of the Mayor. 6. In view of above facts, only allegation against the applicant was that, he did not maintain the logbook. Nevertheless, the material, prima-facie, does not indicate that the applicant misappropriated the property of the Municipal Counsel for his own use. 7. In consideration of the facts above, let the prosecution file reply alongwith the report of the Collector dated 27th August, 2021 and the directions issued by the said Minister, Urban Development Department on 7th April, 2022. Reply to be filed within two weeks from today. VRJ 2 13 - ABA - 3129 - 2022.docx 8. In the course of arguments, Mr. Kantharia, learned Counsel for the applicant, on instructions submits that the applicant has not been suspended and he is working with the Municipal Council till date. It shows, applicant’s availability for investigation. 9. In consideration of the facts above, a case is made out for granting interim pre-arrest protection to the applicant. Thus, the following order : O R D E R (i) In the event of arrest of the applicant in Crime No. 216/2022 registered with Khed Police Station, Ratnagiri, applicant-Santosh Namdev Jadhav, be released on bail on executing P.R. Bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or more local sureties in the like amount. (ii) Applicant shall report to the Investigating Officer on 21st, 23rd and 25th November, 2022 between 11:00 to 1:00 p.m. and thereafter as and when called. (iii) Applicant shall furnish her residential address, as well as, permanent address and contact details to the Investigating Officer on/or before 8th June, 2022. (iv) Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 8. List the application for further consideration on 15th December, 2022.” 5. Mr. S. H. Yadav, learned APP for the State, on instructions from the Investigation Officer investigating Crime No. 216 of 2022, states that after the order dated 14th November 2022, the Applicant has cooperated with the investigation of Crime No. 216 of 2022. He states that the investigation is complete and the charge-sheet is filed before the Magistrate having jurisdiction. 6. In view of the abovesaid facts, Mr. S. H. Yadav, learned APP, VRJ 3 13 - ABA - 3129 - 2022.docx submits that this Application be disposed of, as custodial interrogation of the Applicant is not required. 7. Notwithstanding the absence of the Applicant/Advocate for the Applicant, considering the fair stand taken by Mr. S. H. Yadav, learned APP, in pointing out the subsequent events, this Application is disposed of by confirming the order dated 14th November 2022 and making the same absolute in terms of paragraph 9(i) to (iv). 8. Criminal Anticipatory Bail Application No. 3129 of 2022 is disposed of. (ASHWIN D. BHOBE, J.) VRJ 4