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2026 DAILYLAW 10027 (BOM)

JAGNNATH TUKARAM GHADAGE v. THE STATE OF MAHARASHTRA AND ANR.

ABA/237/2026 · 2026-09-21

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Judgment text

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45 - ABA - 237 - 2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 237 OF 2026 Jagnnath Tukaram Ghadage … Applicant V/s. The State of Maharashtra & Anr. … Respondents Mr. Ritesh M. Thobde i/by Mr. Darshan Singh Rajpurohit for the Applicant. Ms. S. N. Deshmukh, APP for the State. G. K. Kshirsagar, Police Constable, Tembhurni Police Station, is present. CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 21, 2026 P.C.: 1. Heard Mr. Ritesh M. Thobde, learned Advocate for the Applicant and Ms. S. N. Deshmukh, learned APP for the State. 2. On 8th May 2026, the following order was passed: “ 1. Heard learned advocate for the Applicant and learned APP for the Respondent – State. 2. This is an application filed for anticipatory bail in connection with F.I.R. bearing Crime No.149 of 2026 dated 15th March, 2026 registered with Tembhurni Police Station, Solapur Rural, Solapur, for the offences punishable under Sections 3, 4, 5 and 6 Immoral Traffic (Prevention) Act, 1956 (for short, “PITA”) AND Sections 143(2), 143(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 3. Learned advocate for the Applicant submitted that the Applicant is owner of Swaranjali Kala Kendra, situated at Modnimb, Taluka. Madha, District: Solapur. He further submits that, by an agreement dated 28th January, 2026, the Applicant had permitted one Vishal Lata Pawar i.e. Accused No.2, and one Sunil Vilas Bhanvase to run the said premises / Kala Kendra. That, notice of VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.22 20:02:45 +0530 45 - ABA - 237 - 2026.docx termination dated 30th April, 2026 has been issued. That, a perusal of the F.I.R. indicates that according to the statement of the Manager of the said Kala Kendra as recorded in the F.I.R. the Accused No.2 was the person conducting the said premises since last two years although the agreement was executed on 28th January, 2026 between the present Applicant and Accused No.2. He would further submit that, the action of the police authorities is mala fides in as much as though the agreement is executed with Vishal Lata Pawar and Sunil Vilas Bhanvase, Only one of the person i.e. Sunil Vilas Bhanvase who is conducting / in charge of the place has not been made an accused. That, the said act of the investigation authorities is mala fide. He would further submit that on a perusal of the F.I.R. the sections as alleged i.e. Sections 3, 4, 5 and 6 of the PITA Act and Sections 143(2) and 143(3) of the BNS would not be applicable to the Applicant. 4. Learned APP seeks time to take instructions and to file an affidavit-in- reply. 5. Learned Advocate for the Applicant would submit that the Applicant is ready to co-operate with the investigation in the present case. 6. The Applicant is directed to attend the concerned police station on 11, 13 and 15th May, 2026 between 11:00 a.m. to 2:00 p.m. as and when called by the Investigating Officer and thereafter. 7. In the meantime, there shall be ad-interim relief in terms of prayer clause (b). 8. Stand over to 11th June, 2026.” 3. Mr. Ritesh M. Thobde, learned Advocate for the Applicant, states that the Applicant has appeared before the Investigation Officer and has cooperated in the investigation of Crime No. 149 of 2026. 4. Ms. S. N. Deshmukh, learned APP for the State, on instructions from the Investigation Officer, submits that the Applicant has appeared before the Investigation Officer as and when required and has cooperated with the investigation in Crime No. 149 of 2026. She further states that the investigation is complete and the charge-sheet is filed in Crime No. 149 of 2026. In view of the filing of the charge-sheet, Ms. S. VRJ 2 45 - ABA - 237 - 2026.docx N. Deshmukh, learned APP states that custody of the Applicant is not required. 5. In view of the statement made by Ms. S. N. Deshmukh, learned APP for the State, that the Applicant has cooperated with the Investigation Officer and the custody of the Applicant is not required in Crime No.149 of 2026 this Application is allowed by confirming the order dated 8th May 2026 and making the same absolute on the following conditions: (a) In the event of arrest of the Applicant in connection with Crime No. 149 of 2026 dated 15th March 2026, registered with Tembhurni Police Station, Solapur Rural, Solapur, the Applicant shall be released on bail upon furnishing a PR bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only), with two sureties in the like amount to the satisfaction of the Investigating Officer, Tembhurni Police Station, Solapur Rural, Solapur. (b) The Applicant shall not tamper with the evidence. (c) The Applicant shall provide the Investigation Officer, Tembhurni Police Station, Solapur Rural, Solapur, with his residential address along with proof, his contact number and must inform the Investigating Officer of any changes to this VRJ 3 45 - ABA - 237 - 2026.docx information from time to time. 6. Anticipatory Bail Application No.237 of 2026 is allowed and disposed of. (ASHWIN D. BHOBE, J.) VRJ 4