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2026 DAILYLAW 1832 (BOM)

SIDDHESHWAR SUNIL SHINDE v. STATE OF MAHARASHTRA AND ANR

ABA/2221/2026 · 2026-08-21

body2026

Judgment text

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915 ABA-2221-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2221 OF 2026 Siddheshwar Sunil Shinde …Applicant Vs. 1. State of Maharashtra 2. Smt. Surekha Sanjay Jadhav …Respondents Ms. Pooja Khandekar a/w. Ritesh Kesarwani, Subhash Hulyalkar and Pratiksha More i/b Hulyalkar & Associates, for the Applicant. Mr. Mayur Sonavane, APP for the Respondent No. 1-State. PSI Dilip Lokhande, Kothrud Police Station, Pune City. CORAM: MADHAV J. JAMDAR, J. DATE : 21st AUGUST, 2026 P. C.: 1. Heard Ms. Khandekar, learned counsel appearing for the Applicant and Mr. Sonavane, learned APP appearing for the State. 2. By this application filed under Section 438 of the Criminal Procedure Code, 1973 (Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), the Applicant is seeking pre-arrest bail in connection with C.R. No. 71 of 2026 for the offences punishable under Sections 103, 115(2), 352,351(2), 19(2),191(2) and 190 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Sections 37(1), 37(3) and 135 of the Maharashtra Police Act, 1951. Page 1 of 3 21st August, 2026 915 ABA-2221-2026.DOC skt 3. Ms. Khandekar, learned counsel appearing for the Applicant submits that there are a total of 13 accused. She submits that the Applicant is not involved in the alleged crime and that his name is not mentioned in the F.I.R., however, his role has allegedly been revealed during the course of investigation. She further submits that the application preferred by the Applicant before the learned Sessions Court, Pune, has not yet been decided. She therefore submits that, pending disposal of the said application, the Applicant may be granted bail. 4. Ms. Khandekar, learned counsel also relies on the order of a learned Single Judge in the case of Tulsi Yogesh Shinde Vs. The State of Maharashtra 1 and states that the Applicant-accused against whom the similar allegations are made has been released on bail. She further submits that the Applicant is a student. 5. On the other hand, learned APP strongly opposes the application as t he Applicant is involved in the crime 1 Criminal Bail Application No. 3243 of 2026, dated 18th August, 2026 21st August, 2026 915 ABA-2221-2026.DOC skt 6. Thus, in these circumstances, the learned Additional Sessions Court is requested to disposed of Criminal Application No. 4019 of 2026 expeditiously. 7. Till disposal of Criminal Application No. 4019 of 2026, no coercive steps shall be taken against the Applicant, subject to the condition that the Applicant shall cooperate with the investigation. 8. It is clarified that the protection granted herein is only to facilitate protection to the Applicant till disposal of the anticipatory bail application by the learned Additional Sessions Court. The learned Sessions Court shall decide the said anticipatory bail application on its own merits, without being influenced by any of the observations made in this order. 9. The Anticipatory Bail Application is disposed of in the above terms. [MADHAV J. JAMDAR, J.] 21st August, 2026