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2026 DAILYLAW 10031 (BOM)

PRATAPSINGH LALASO DESHMUKH v. THE STATE OF MAHARASHTRA

ABA/2748/2023 · 2026-09-22

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Judgment text

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33 - ABA - 2748 - 2023.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2748 OF 2023 Pratapsingh Lalaso Deshmukh … Applicant V/s. The State of Maharashtra … Respondent None for the Applicant. Dr. A. A. Takalkar, APP fort the State. Mr. Vikas Metkari, PSI, Sadar Bazar Police Station, Solapur is present. CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 22, 2026 P.C.: 1. When this Application was called out, neither the Applicant nor the Advocate on record for the Applicant (Mr. Viresh Purwant) was present, either physically or through V.C. mode. 2. This Anticipatory Bail Application is pending since the year 2023. As such, with the assistance of Dr. A. A. Takalkar, learned APP for the State, the same was considered, notwithstanding the absence of the Advocate for the Applicant. 3. On 4th October 2023, the following order was passed: “1. Heard the learned Counsel for the parties. 2. This is an application for pre-arrest bail in connection with C.R.No.509 of 2023 registered with Sadar Bazar Police Station for the offences punishable under Sections 420, 467, 468, 471 read with VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.22 20:06:07 +0530 33 - ABA - 2748 - 2023.docx Section 34 of the Indian Penal Code. 3. Mr. Vikas Chandrakant Mhaske – accused No.1, had applied for the post of Police Constable claiming horizontal reservation under the category of part-time candidates. The accused No.1 had submitted a certificate to the effect that he had worked as a part time employee in the office of Tahasildar, Beed. The said certificate was eventually found to be forged. The accused No.1 named Hausaji Bhimrao Deshmukh, co-accused, and one P.L.Deshmukh were named as the persons who had assisted him in procuring the forged certificate. 4. The learned Counsel for the Applicant submitted that there is no material to establish that the applicant is the very same P.L.Deshmukh. Attention of the Court was invited to the remand report dated 8 August 2023 wherein Housaji Bhimrao Deshmukh has named one Ajay Dattu Wanre as an accomplice. Even the accused No.1 Vikas Mhaske does not seem to have specifically named the applicant. 5. Whether the applicant was privy to the crime and had a role in procuring and forging the certificate purportedly issued by the Tahasildar, Beed warrants consideration. Prima facie, there is no material to connect the applicant with the crime. I am, therefore, inclined to exercise the discretion in favour of the applicant and grant interim bail while directing him to join in the investigation. 6. Hence, the following order : ORDER (i) In the event of the arrest of the Applicant – Pratapsingh Lalaso Deshmukh in connection with C.R.No.509 of 2023 registered with Sadar Bazar Policie Station, the Applicant be released on bail on furnishing a PR bond in the sum of Rs.30,000/- with one or two sureties in the like amount. (ii) The Applicant shall co-operate with the investigation and report to Sadar Bazar Police Station on 12th, 13th, and 16th October 2023 between 10.00 a.m. to 1.00 p.m. and thereafter, as and, when directed by the Investigating Officer. (iii) The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses and the persons acquainted with the facts of the case. (iv) Stand over to 8 November 2023.” 4. Dr. A. A. Takalkar, learned APP for the State, on instructions from the Investigating Officer, submits that the Applicant has cooperated with VRJ 2 33 - ABA - 2748 - 2023.docx the investigation in C.R. No. 509 of 2023, the investigation has been completed and the charge-sheet has been filed in Crime No.509 of 2023. She states that the charge-sheet is registered as Sessions Case No. 249 of 2023 and is pending trial before the District and Sessions Court, Solapur. 5. Considering the statements made by Dr. A. A. Takalkar, learned APP for the State, the interim bail granted to the Applicant on 4th October 2023, which continues to operate till date the fact that the charge-sheet has culminated into proceedings bearing Sessions Case No. 249 of 2023, which proceedings are said to be pending before the Sessions Court, Solapur, the order dated 4th October 2023 passed in this Application is confirmed and made absolute in terms of paragraph No. 6(i) and (iii) thereof. 6. Anticipatory Bail Application No. 2748 of 2023 stands allowed and disposed of. (ASHWIN D. BHOBE, J.) VRJ 3