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2026 DAILYLAW 18098 (BOM)

DIPAK SOPANRAO SALUNKHE v. THE STATE OF MAHARASHTRA AND ANR.

ABA/597/2026 · 2026-10-13

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Judgment text

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906 - ABA - 597 - 2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 597 OF 2026 Dipak Sopanrao Salunkhe … Applicant Versus. The State of Maharashtra & Anr. … Respondents Mr. Suryajeet P. Chavan with Vikram Patil, Atul M. Khilari and Ajinkya Walekar i/by Mr. Onkar S. Patil and Shivraj V. Patil for the Applicant. Mr. S. S. Chaudhari, APP for the State. Mr. M. E. Patil, PSI, Borgaon Police Station, Satara. CORAM : ASHWIN D. BHOBE, J. DATED : OCTOBER 13, 2026 P.C.: 1. Heard Mr. Suryajeet P. Chavan, learned Advocate for the Applicant, and Mr. S. S. Chaudhari, learned APP for the State. 2. On 9th October 2026, the following order was passed: “1. Heard Mr. Suryajeet P. Chavan, learned Advocate for the Applicant and Mr. S. S. Chaudhari, learned APP for the State. 2. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail, apprehending arrest in Crime No. 250 of 2026 registered with Borgaon Police Station for offences punishable under Sections 316(3), 318(4), 351(2), read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Mr. Suryajeet P. Chavan, learned Advocate for the Applicant, submits that there are seven (7) Accused in Crime No. 250 of 2026, with the Applicant being Accused No. 2. VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.10.13 18:34:27 +0530 906 - ABA - 597 - 2026.docx 4. Mr. Suryajeet P. Chavan, learned Advocate for the Applicant, submits that the Applicant is in government service. He further submits that the allegations in the FIR in Crime No. 250 of 2026 against the company “Mamta Milk and Milk Products Private Limited, Borgaon”, of which the Applicant is a Director, are that although the Informant (Samir Vibhute) had supplied milk, the company had not cleared his dues. He submits that even if the allegations are accepted, they would amount to a civil dispute. To elaborate, he submits that it is a matter of recovery of an amount. He submits that the Informant's claim against the company, of which the Applicant is a Director, is Rs. 5,42,691/-, which amount has been deposited before the Judicial Magistrate First Class, Satara. He therefore submits that the Applicant be protected by pre-arrest bail. 5. Issue notice to the Respondents. 6. Mr. S. S. Chaudhari, learned APP, appears, waives service of notice on behalf of the Respondents-State and requests time till 12th October 2026. 7. Perused the FIR and considered the submissions made by Mr. Suryajeet P. Chavan, learned Advocate for the Applicant. Prima facie, the allegations suggest a civil dispute between the Applicant and the Informant. Mr. Suryajeet P. Chavan, learned Advocate for the Applicant, has submitted that the claim of the Informant as against the Applicant is Rs. 5,42,691/-, which amount the Applicant has deposited before the Judicial Magistrate First Class, Satara. 8. In view of the above, till the returnable date, the Applicant is granted interim bail on the following order: a) In the event of arrest of the Applicant in Crime No. 250 of 2026 registered with Borgaon Police Station, the Applicant shall be released on bail upon furnishing a P.R. bond in the sum of Rs. 50,000/-, with two sureties in the like amount to the satisfaction of the Investigating Officer, Borgaon Police Station. b) The Applicant shall appear and report to the Investigating Officer, Borgaon Police Station on 10th October 2026 from 10:00 a.m. to 1:00 p.m. and as and when required by the Investigating Officer. Applicant shall cooperate with the Investigating Officer in the investigation of Crime No. 250 of 2026. c) 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. d) Applicant shall not tamper with evidence in any manner. VRJ 2 906 - ABA - 597 - 2026.docx e) The Applicant shall provide the Investigating Officer, Borgaon Police Station, with his residential address along with proof, his contact number, WhatsApp number and must inform the Investigating Officer of any changes to this information from time to time. 9. List this Application on 12th October 2026.” 3. Mr. Suryajeet P. Chavan, learned Advocate for the Applicant, submits that the Applicant is serving as Assistant Manager, Maharashtra State Agricultural Marketing Board (MSAMB). He further submits that the Applicant has appeared before the Investigating Officer and has cooperated with the investigation in Crime No. 250 of 2026. He further states that the Applicant shall appear before the Investigating Officer as and when required and cooperate with the investigation. 4. Mr. S. S. Chaudhari, learned APP for the State, on instructions from Mr. M. E. Patil, PSI, Borgaon Police Station, District Satara, states that the Applicant has appeared before the Investigating Officer and has cooperated with the investigation. 5. Considering the nature of the allegations against the Applicant, who is working as Assistant Manager, Maharashtra State Agricultural Marketing Board (MSAMB), and that the amount of Rs. 5,42,691/-, which the Informant claims to be due from Mamta Milk and Milk Products Private Limited, Borgaon, has been deposited by the Applicant before the Judicial Magistrate First Class, Satara, as recorded in the VRJ 3 906 - ABA - 597 - 2026.docx earlier order, the custodial interrogation of the Applicant in Crime No. 250 of 2026 is not necessary. 6. In view of the above, the order dated 9th October 2026 is confirmed and made absolute in terms of paragraph Nos. 8(a), 8(c), 8(d) and 8(e), with the following additional condition: 7. The Applicant shall appear and report to the Investigating Officer, Borgaon Police Station, District Satara on 21st, 22nd, 23rd and 24th October 2026, from 10:00 a.m. to 1:00 p.m., and thereafter as and when required by the Investigating Officer. The Applicant shall cooperate with the Investigating Officer in the investigation of Crime No. 250 of 2026. 8. Criminal Anticipatory Bail Application No. 597 of 2026 stands disposed of. (ASHWIN D. BHOBE, J.) VRJ 4