SHIVAJI NARAYAN JADHAV @ SHIVAJI NARAYAN PATIL v. STATE OF MAHARASHTRA
ABA/162/2024 · 2026-10-05
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14852 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14852 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
35 - ABA - 162 - 2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 162 OF 2024 Shivaji Narayan Jadhav @ Shivaji Narayan Patil … Applicant Versus. The State of Maharashtra & Anr. … Respondents ----- Mr. Atharva Bhingardeve i/by Mr. Amit Icham for the Applicant. Mr. Nitin B. Patil, APP for the State. -------
CORAM : ASHWIN D. BHOBE, J. DATED : OCTOBER 5, 2026 P.C.:
1. Heard Mr. Atharva Bhingardeve, learned Advocate for the Applicant and Mr. Nitin B. Patil, learned APP for the State.
2. On 22nd January 2024, the following order was passed:
“1. The Applicant is seeking anticipatory bail in connection with C.R.No.649/2023, dated 14/12/2023, registered with Tasgaon Police Station, Sangli, under sections 323, 506, 109 r/w 34 of the Indian Penal Code and under section 39 and 45 of Maharashtra Money Lending (Regulations) Act,
2014.
2. Heard Mr. Aniket Nikam, learned counsel for the Applicant and Smt. M. H. Mhatre, learned APP for the State.
3. Learned APP is seeking adjournment. Considering her request, today I have heard the parties for consideration of ad-interim relief.
4. The FIR is lodged by one Nikam. He has stated that because of his financial constraints he was in need of money. He took loan of Rs.5 lakhs from the Applicant about two years before lodging of the FIR. The Applicant VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.10.06 10:37:22 +0530
35 - ABA - 162 - 2024.doc gave him the loan amount, but charged exorbitant interest @ 20% per month. The first informant was to pay Rs.1 lakh per month. Since the first informant had no option, he took that loan. Subsequently, the informant was harassed. According to the informant, he had paid Rs.40 lakhs. But the Applicant was demanding Rs.1,20,00,000/-. The informant had lost some amount in his Bhishi. It was to the tune of Rs.10,50,000/-. The informant was unable to pay any further amount to the Applicant. Therefore, he had concealed himself for some time. But then he decided to lodge the FIR. On this allegations, the FIR is lodged.
5.
Learned counsel for the Applicant submitted that the allegations made in the FIR are entirely unsubstantiated. He invited my attention to the bank entries, which show that even in the months of September and November 2023, certain amounts was given to the informant and there is no reference to such amounts. He submitted that therefore those bank entries are contrary to the allegations made by the first informant. Thus the allegations are not true. 6. Considering these submissions, it is necessary to seek response of the investigating agency. In the meantime, the Applicant can approach the investigating agency and point out all these bank entries and he can cooperate with the investigation. The investigating agency has to verify the claim of the Applicant by enquiring with the informant. For that purpose, the Applicant can be protected for some time. 7. Hence, the following order :
O R D E R (i) In the event of his arrest in connection with C.R.No.649/2023, dated 14/12/2023, registered with Tasgaon Police Station, Sangli, till the next date, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount. (ii) The Applicant shall attend the concerned Police Station from 05/02/2024 to 08/02/2024 between 01.00 to 05.00 p.m. and thereafter as and when called and shall cooperate with the investigation. (iii) This order shall operate till 27/02/2024. (iv) Stand over to 27/02/2024.”
3. On 21st August 2024, the following order was passed:
“1. Learned APP seeks further time. He submitted that further investigation is necessary. Therefore, today I am adjourning the matter with VRJ 2
35 - ABA - 162 - 2024.doc continuation of ad-interim relief. 2. Stand over to 26th September, 2024. 3. Ad-interim relief granted earlier to continue till then. 4. The Applicant shall attend the concerned Police Station from 10th to 13th September, 2024 between 01:00 p.m. to 05:00 p.m. and thereafter as and when called and shall co-operate with the investigation.”
4. Mr. Atharva Bhingardeve, learned Advocate for the Applicant, states that the Applicant has appeared before the Investigating Officer and cooperated with the investigation in Crime No. 649 of 2023. 5. Mr.
Nitin B. Patil, learned APP for the State, on instructions from the Investigating Officer, states that although the Applicant has appeared before the Investigating Officer, there was no full cooperation. He submits that it was due to the efforts of the Investigating Officer that the bank entries were obtained. 6. Considering that the Applicant was granted interim protection on 22nd January 2024, which remains in force to date, the order dated 22nd January 2024 is confirmed and made absolute in terms of paragraph 7(i) thereof. 7. At this stage, Mr. Nitin B. Patil, learned APP for the State, requested that an additional condition be imposed on the Applicant, directing the Applicant to appear before the Investigating Officer. Mr. Atharva Bhingardeve, learned Advocate for the Applicant, states that the Applicant shall appear before the Investigating Officer as and when VRJ 3
35 - ABA - 162 - 2024.doc required and cooperate with the investigation in Crime No. 649 of
2023. 8. In light of the above, the following additional conditions are imposed on the Applicant: a) The Applicant shall appear and report before the Investigating Officer on 12th , 13th , 14th , and 15th October 2026 from 10:00 a.m. to 1:00 p.m. and thereafter, as and when required by the Investigating Officer, Tasgaon Police Station, Sangli. b) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the
facts to the Court or any police officer. c) Applicant shall not tamper with evidence in any manner. d) The Applicant shall provide the Investigating Officer, Tasgaon Police Station, Sangli, with his residential address along with proof, his contact number and must inform the Investigating Officer of any changes to this information from time to time.
9. Anticipatory Bail Application No. 162 of 2024 is disposed of.
(ASHWIN D. BHOBE, J.) VRJ 4