17-ABA-2832-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2832 OF 2023 Dipak Mohan Bhat And Anr ...Applicants Versus The State of Maharashtra ...Respondent _______________________________________________________________ None for the Applicants. Mr. S. H. Yadav, APP for the Respondent – State. Mr. Siddharth Karpe, Advocate for the Intervenor. PC V. V. Jadhav, Mahabaleshwar Police Station, is present. _______________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 30th September, 2026. P.C. : 1. This Anticipatory Bail Application is listed under the caption "Prioritized Cases" being of the year 2023. When this Application was called out, neither the Applicants nor the Advocate on record for the Applicants are present. Considering that this Anticipatory Bail Application is pending since the year 2023, with the assistance of Mr. S. H. Yadav, learned APP, this matter was taken up for consideration. 2. On 9th October 2023, the following order was passed: 1. Heard the learned counsel for the applicant and the learned APP for the State. 2. This application is preferred seeking pre-arrest Arjun 1 17-ABA-2832-2023.doc bail in connection with C.R. No. 51 of 2023 registered at Mabaleshwar police station for the offences punishable under sections 143, 144, 147, 148, 307, 379, 341, 323, 504 and 506 of Indian penal Code, 1860. 3. The indictment against the applicants is that the applicants and the co-accused formed an unlawful assembly and in prosecution of the common object of the said assembly the first informant Yogesh Shinde and the members of the accused party committed rioting armed with dangerous weapons and robbed the first informant of gold chain, wrist watch and an amount of Rs. 20,000/- which was kept in the car. 4. The learned counsel for the applicants submitted that in respect of the very same occurrence the members of the applicants party had lodged a report on 21 March, 2023 and the instant first information report came to be lodged against the accused party by way of counter blast on 1 July, 2023. The learned counsel for the applicant submitted that there is an inordinate delay in lodging first information report. It was further submitted that by an order dated 28th August, 2023 this Court has granted pre-arrest bail to the co- accused Nos. 4 and 5. 5. Prima facie, it appears that in respect of the very same occurrence, the first information report NO. 36 of 2023 for the offences punishable under sections 143, 144, 147, 148, 149, 307, 323, 324 and 506 of the Code seems to have been registered. The aspect of delay, prima facie, warrant consideration. In view of aboe, I am inclined to protect the liberty of the applicants while directing them to join in the investigation. 6. In the event of arrest in C.R. No.51 of 2023 registered with Mahabaleshwar police station, the applicants be released on bail on furnishing a P.R. bond in the sum of Rs. 30,000/- with one or two sureties in the like amount, each. 7. The applicant shall cooperate with the investigation and attend Mahabaleshwar police station, on every Sunday in between 10 am to 12 noon till the next date. 8. The applicant shall not tamper. 9. with the prosecution evidence and give threat or inducement o first informant, any person acquainted with the facts of the case or any of the Arjun 2 17-ABA-2832-2023.doc prosecution witnesses. 3. Mr. S. H. Yadav, learned APP for the Respondent – State, on instructions from the Investigation Officer, Mahabaleshwar Police Station, submits that the Applicants had appeared before the Investigation Officer, Mahabaleshwar Police Station and had cooperated with the investigation of Crime No. 51 of 2023. He states that investigation in Crime No. 51 of 2023 is complete and the chargesheet is filed before the Judicial Magistrate First Class, Mahabaleshwar, District Satara and which is registered as R.C.C. No. 47 of 2024. He further submits that though initially the offense of Section 307 of Indian Penal Code, 1860 was charged in Crime No. 51 of 2023, the same was dropped after the investigation. He submits that in view of the above, the custodial interrogation of the Applicants is not required in Crime No. 51 of 2023. 4. Mr. Siddharth Karpe, learned Advocate for the Complainant / Intervenor, states that one of the Accused in Crime No. 51 of 2023 was granted pre-arrest Bail on the ground that the investigation in Crime No. 51 of 2023 was completed and the charge sheet was filed. 5. Considering the statements made by Mr. S. H. Yadav, learned Arjun 3 17-ABA-2832-2023.doc APP for the Respondent - State, and Mr. Siddharth Karpe, learned Advocate for the Intervenor, by noting the Applicants being on Bail since the year 2023 and there being no allegations of any breach of conditions of the order dated 09.10.2023, this Application is allowed by confirming the order dated 09.10.2023 and making the same absolute in terms of paragraph nos. 6, 7, 8, and 9. 6. Anticipatory Bail Application No. 2832 of 2023 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 4 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.10.01 21:25:27 +0530