1/4 2-ABA-3578-2023 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 3578 OF 2023 1. Swapnil Sunil Potdar 2. Rohit Motilal Narote …...Applicants VERSUS The State Of Maharashtra …...Respondent _________________________________________________________________ Mr. Vikrant Phatate (Through V.C.) a/w Mr. Ashutosh Purwant, for Applicants. Mr. C. D. Mali, A.P.P., for the Respondent - State. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 28th SEPTEMBER, 2026. P.C. 1. At the outset, Mr. C. D. Mali, learned A.P.P. for the Respondent – State, submits that he had appeared before this Court on 22nd September 2026. However, his name is not shown in the appearance and the names of other A.P.Ps. are shown. He, therefore, requests for correction of the appearance in the Cause Title as well as in paragraph No.4 of the order dated 22nd September 2026. 2. At the request of Mr. C. D. Mali, the appearance in the order dated 22nd September 2026, in the Cause Title as well as in paragraph Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.28 21:04:36 +0530 2/4 2-ABA-3578-2023 (CR).DOC No.4, shall be read as “Mr. C. D. Mali, learned A.P.P. for the Respondent – State”. 3. Heard Mr. Vikrant Phatate, learned Advocate for the Applicants and Mr. C. D. Mali, learned A.P.P. for the Respondent – State. 4. On 21st December 2023, the following order was passed: “1. Heard the learned Counsel for the parties. 2. Apprehending arrest in C.R.No.1602 of 2022 registered with Vijapur Naka Police Station for the offences punishable under Sections 323, 326 354, 452, 504, 506 read with Section 34 of the Indian Penal Code, the applicant has preferred this application. 3. Learned Counsel for the Applicant submitted that initially on the report of Kashinath G. Potdar, a NC complaint was registered for the offences punishable under Sections 323 and 504 read with Section 34 of IPC. Upon the applicant No.1 seeking information under the Right to Information Act, Police informed that the offences punishable under Sections 326 and 354 have been registered vide C.R.No.1602 of 2022. 4. Learned Counsel further submitted that in the report which was initially lodged by Kashinath G. Potdar, there is no reference to assault by any weapon nor to any act or conduct outraging the modesty of a woman. 5. Prima facie, NC complaint does not advert to any assault by means of any weapon, nor there are allegations of outraging the modesty of a women. 6. Learned APP seeks time to take instructions as the Investigating Officer is not present. 7. It would be necessary to ascertain the allegations in the FIR on the basis of which CR No.1602 of 2023 has been registered and the nature of injuries sustained by the injured. Shantanu S. Dhudum 3/4 2-ABA-3578-2023 (CR).DOC 8. In view of the above, till the application is heard, by providing an opportunity to the prosecution, it may be expedient to protect the liberty of the Applicant. 9. Hence, the following order : ORDER (i) In the event of the arrest of the Applicants – Swapnil Sunil Potdar and Rohit Motilal Narote in connection with C.R.No.1602 of 2022 registered with Vijapur Naka Police Station, they be released on bail on furnishing a PR bond in the sum of Rs.30,000/- each with one or two sureties in the like amount. (ii) The Applicants shall co-operate with the investigation and report to Vijapur Naka Police Station on 3rd and 4th January 2024 in between 10.00 a.m. to 1.00 p.m., and, thereafter, as and when directed. (iii) The Applicants shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the prosecution witnesses or any of the persons acquainted with the facts of the case. (iv) Stand over to 12 February 2024.” 5. Mr. Vikrant Phatate, learned Advocate for the Applicants, states that the Applicants have appeared and co-operated with the investigation in Crime No.1602 of 2022. He submits that the investigation in the said crime is complete and a charge-sheet has been filed, which is now registered as R.C.C. No.789 of 2025 and is pending before the Court of the learned J.M.F.C., Solapur. He further states that the Applicants have Shantanu S. Dhudum 4/4 2-ABA-3578-2023 (CR).DOC appeared before the J.M.F.C., the Applicants have furnished the P.R. Bonds before the J.M.F.C., Solapur and the Applicants are regularly appearing before the J.M.F.C. Solapur in R.C.C No.789 of 2025. 6. Mr. C. D. Mali, learned A.P.P. for the Respondent – State, does not dispute the said statements made by Mr. Vikrant Phatate, learned Advocate for the Applicants. 7. In view of the statements made by Mr. Vikrant Phatate, learned Advocate for the Applicants and Mr. C. D. Mali, learned A.P.P. for the Respondent – State, and further, the Applicants being on interim bail since December 2023, the said order dated 21st December, 2023 is hereby confirmed and made absolute. 8. Anticipatory Bail Application No.3578 of 2023 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum