915-916-ABA-166-2026 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION (915) CR. ANTICIPATORY BAIL APPLICATION NO. 166 OF 2026 Amol Nandkishor Kandalgaonkar …...Applicant. Versus. The State Of Maharashtra & Ors. …...Respondents AND (916) CR. ANTICIPATORY BAIL APPLN. NO. 173 OF 2026 Suhas Narayan Malandkar …...Applicant Versus. The State Of Maharashtra & Ors. …...Respondents ----- Mr. Kaustubh Marathe, (through VC), Advocate for the Applicant. Mr. Parvez Sanadi h/f Mr. Shivprasad Gaikwad, for Original Complainant. Ms. Shubhangi Deshmukh, A.P.P. for the Respondent-State in ABA No.173 of 2026. Mr. S. S. Chaudhari, A.P.P. for Respondent-State in ABA No.166 of 2026. Mr. Shyam Bua, PI, Devgad Police Station. ------- Coram : ASHWIN D. BHOBE, J. Date : 30th September 2026. PER COURT : 1. Heard, Mr. Kaustubh Marathe, Advocate for the Applicants, Mr. S. S. Chaudhari, for the Respondent-State in ABA No. 166 of 2026 and Ms. Shubhangi Deshmukh, for the Respondent-State in ABA No. 173 of 2026. 2. Mr. Kaustubh Marathe, learned advocate for the Applicants in both Suresh 1 of 5 915-916-ABA-166-2026 (CR).doc these Applications, Mr. S. S. Chaudhari and Ms. Shubhangi Deshmukh, learned APPs, submit that the subject matter of both these Applications pertains to Crime No. 10 of 2026 registered at Devgad Police Station, District Sindhudurg and therefore they request that both these Anticipatory Bail Applications be taken up together and disposed of by a common order. At the request of the parties, these Applications are taken up together and disposed of by a common order. 3. By these Application, Suhas Narayan Malandkar (Accused No. 1) and Amol Nandkishor Kandalgaonkar (Accused No. 2) in Crime No. 10 of 2026 are before this Court seeking pre-arrest bail. 4. On 06.04.2026, this Court passed the following order in both these Applications:- “1. Learned Advocate Mr. Gaikwad appears and undertakes to file Vakalatnama on behalf of the Respondent No.3 within a period of one week. 2. Learned Advocate for the Applicants submits that the present F.I.R. being Crime No. 0010 of 2026, dated 20th February 2026 has been registered with Devgad Police Station, District Sindhudurg, under Section 108 and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "B.N.S."). He would submit that perusal of the suicide note itself negates the allegations alleged under Section 108 of the B.N.S.. Suresh 2 of 5 915-916-ABA-166-2026 (CR).doc 3. Learned A.P.P. seeks time to take instructions. 4. Stand over to 20th April 2026. 5. Till the next date, there shall be ad-interim protection in terms of prayer clause (b).” 5. Prayer clause (b) in both these Applications reads as follows: “(b) Pending hearing and final disposal of the present application this Honble Court may please order to release the Applicant on bail in the event of his arrest by Devgad Police or not to take coercive action against the applicant or not to arrest the Applicant, in connection of F.I.R. No.10/2026 of Devgad Police Station.” 6. Mr. Kaustubh Marathe, learned advocate for the Applicants, submits that the Applicants have appeared before the Investigating Officer and have fully cooperated with the Investigation in Crime No. 10 of 2026. He further submits that the Applicants shall continue to cooperate with the Investigation and appear before the Investigating Officer as and when required. 7. Ms. Shubhangi Deshmukh, learned APP for the State in ABA No. 173 of 2026, and Mr. S. S. Chaudhari, A.P.P. in ABA No. 166 of 2026, on instructions of the Investigating Officer, state that both Applicants have appeared before the Investigating Officer and have cooperated with the Investigation in Crime No. 10 of 2026. They submit that the Investigation in Crime No. 10 of 2026 is complete and the charge-sheet bearing RCC No. 15 of 2026 is pending before the Judicial Magistrate First Class, Devgad, for committal. They on Suresh 3 of 5 915-916-ABA-166-2026 (CR).doc instructions, submit that the custodial interrogation of the Applicants in Crime No. 10 of 2026 is not required. 8. Mr. Kaustubh Marathe, learned advocate for the Applicants, states that Respondent No. 3 in both these Bail Applications is served and represented by Advocate Shivprasad Gaikwad. 9. This matter was called out in the morning session. In view of the absence of Mr. Shivprasad Gaikwad, learned advocate for Respondent No. 3, the matter was kept back and the name of Mr. Shivprasad Gaikwad was flashed on the display board. 10. When this matter was called out during the post-lunch session, Advocate Mr. Parvez Sanadi appeared and stated that he has instructions from Mr. Shivprasad Gaikwad, learned advocate for Respondent No. 3, to appear in these Applications. 11. Considering the aforesaid statements made by Mr. Kaustubh Marathe, learned advocate for the Applicants, Mr. S. S. Chaudhari and Ms. Shubhangi Deshmukh, learned APPs, that the Applicants have cooperated with the Investigation in Crime No. 10 of 2026 and noting that the Applicants have been on interim bail since 06.04.2026 without any allegations of violation of the bail conditions, the order dated 06.04.2026 is confirmed and made absolute. Suresh 4 of 5 915-916-ABA-166-2026 (CR).doc 12. Mr. S. S. Chaudhari and Ms. Shubhangi Deshmukh, learned APPs, on instructions, submit that as the matter is still pending committal before the Judicial Magistrate First Class, Devgad, the Applicants be directed to remain present on each date of hearing before the Judicial Magistrate First Class, Devgad, as well as before the Trial Court upon committal. 13. Mr. Kaustubh Marathe, learned advocate for the Applicants, on instructions, states that as on date, the Applicants are appearing before the Judicial Magistrate First Class, Devgad and shall continue to regularly appear before the Trial Court upon committal of R.C.C. No. 15 of 2026. Statement accepted. 14. Anticipatory Bail Applications are disposed of. [ ASHWIN D. BHOBE, J. ] Suresh 5 of 5