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2026 DAILYLAW 14875 (BOM)

RAJENDRA DEVIDAS RATHOD v. THE STATE OF MAHARASHTRA

ABA/75/2026 · 2026-10-05

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Judgment text

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40 - ABA - 75 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 75 OF 2026 Rajendra Devidas Rathod … Applicant Versus The State of Maharashtra & Ors. … Respondents ---- Mr. Priyal Sarda with Onkar Bajaj (through V.C.) for the Applicant. Ms. S. N. Deshmukh, APP for the State. Mr. Aditya S. Raktade for Respondent No.3. Mr. Waghmare M. H., Head Constable, Sadar Bazar Police Station, Solapur is present. ------- CORAM : ASHWIN D. BHOBE, J. DATED : OCTOBER 5, 2026 P.C.: 1. Heard Mr. Priyal Sarda, learned Advocate for the Applicant, Ms. S. N. Deshmukh, learned APP for the State and Mr. Aditya Raktade, learned Advocate for Respondent No.3. 2. On 5th February 2026, the following order was passed: “1. Leave to amend and add the informant as party respondent. 2. After amendment is carried out, issue notice to the respondents, returnable on 18th February 2026. 3. Learned APP waives service of notice on behalf of respondent nos. 1 and 2. 4. In the event of arrest of the applicant in connection with C.R. No. 890 of 2025 registered with Sadar Bazar Police Station, Solapur, he shall be VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.10.06 14:43:32 +0530 40 - ABA - 75 - 2026.doc released on bail on executing P.R. bond in the sum of Rs. 15,000/- with one surety in the like amount. 5. The applicant shall attend the concerned police station from 09/02/2026 to 13/02/2026 between 10.00 a.m. to 02.00 p.m. and co-operate in the investigation.” 3. On 6th March 2026, the following order was passed: “1. Learned Advocate for the Applicant submits that a copy of the Affidavit-in-Reply has just been served upon him. He seeks short accommodation. 2. At his request, stand over to 17th March 2026. 3. Ad-interim relief, if any, granted earlier, to continue till the next date. 4. In the meanwhile, the Applicant shall attend the concerned Police Station on 11th & 12th March 2026, between 10:00 a.m. to 2:00 p.m., and shall cooperate with the investigation.” 4. On 17th March 2026, the following order was passed: “1. Learned A.P.P., on instructions of PC/856 Mr. Ganesh Jadhav attached to Sadar Bazar Police Station, submits that, the Applicant has not complied with order dated 6th March 2026, in as much as he did not attend the concerned Police Officer on 11th & 12th March 2026. 2. Let learned A.P.P. to file an Affidavit in that respect. 3. Stand over to 26th March 2026. 4. Ad-interim relief, if any, granted earlier, to continue till the next date.” 5. On 7th April 2026, the following order was passed: “1. Learned advocate for the Applicant, appearing through video conferencing (VC), is not audible. 2. Learned APP submits that a affidavit dated 1st April, 2026, issued by Mr. Namdev Vithhal Bandgar, Police Inspector, Sadar Bazar Police Station, Solapur City, Solapur, explains in detail the circumstances in which the statement as recorded in paragraph No.1 of the order dated 17th March, 2026 VRJ 2 40 - ABA - 75 - 2026.doc came to be made. 3. This Court finds the said explanation to be satisfactory. The said affidavit is taken on record. 4. Learned APP submits that the attendance of the Applicant is required for further inquiry. 5. Considering the submission of the learned APP, the Applicant is directed to attend the concerned police station from 9th to 10th April, 2026 between 11:00 a.m. to 2:00 p.m. and thereafter as and when called by the Investigating Officer. 6. Stand over to 23rd April, 2026. 7. Ad-interim relief, if any, granted earlier to continue till the next date.” 6. Mr. Priyal Sarda, learned Advocate for the Applicant, states that the Applicant has appeared before the Investigating Officer as and when directed by this Court and as and when required by the Investigating Officer and has cooperated with the investigation in Crime No. 890 of 2025 registered at Sadar Bazar Police Station, Solapur. 7. Mr. Priyal Sarda, learned Advocate for the Applicant, further submits that upon completion of the investigation in Crime No. 890 of 2025, the charge sheet has been filed before the Sessions Court at Solapur, registered as Sessions Case No. 59 of 2026 and the same is pending for trial. 8. Ms. S. N. Deshmukh, learned APP for the State, on instructions from the Investigating Officer, submits that the Applicant has appeared before the Investigating Officer as and when required and has cooperated with the investigation in Crime No. 890 of 2025. She further VRJ 3 40 - ABA - 75 - 2026.doc states that the investigation in Crime No. 890 of 2025 is complete and the matter is now pending before the Sessions Court, Solapur, for trial in Sessions Case No. 59 of 2026. 9. Mr. Aditya S. Raktade, learned Advocate for Respondent No. 3, submits that there is doubt about the manner in which the investigation was conducted by the Investigating Officer in Crime No. 890 of 2025. 10. In view of the statements made by Mr. Priyal Sarda, learned Advocate for the Applicant and Ms. S. N. Deshmukh, learned APP, that the Applicant has cooperated with the Investigating Officer, further, the Applicant being protected by interim bail in this Application, with no allegations that the Applicant has violated any of the bail conditions and the proceedings arising from Crime No. 890 of 2025 now pending before the Sessions Court, Solapur, in Sessions Case No. 59 of 2026, the order dated 5th February 2026 passed by this Court is confirmed and made absolute in terms of paragraph No. 4 thereof. 11. Anticipatory Bail Application No. 75 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) VRJ 4