901-ABA-496-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 496 OF 2026 Tushar @ Balaji Tanaji Nagtilak & Anr. … Applicants Versus. The State of Maharashtra & Ors. … Respondent ----- Mr. Mahadeo A. Choudhari for the Applicants. Dr. A.A. Takalkar, A.P.P. for the Respondent Nos.1 & 3-State. Officer : PSI Mr. S.S. Shendage, Pandharpur Taluka Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 2nd September 2026. PER COURT : 1. Heard, Mr. Mahadeo A. Choudhari, learned Advocate for the Applicants and Dr. A. A. Takalkar, learned A.P.P. for the Respondent Nos.1 & 3-State. 2. The Applicants, by this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seek pre-arrest bail in connection with Crime No. 0525 of 2026, registered with Pandharpur Taluka Police Station, District Solapur Rural, for offences punishable under Sections 115(2), 118(1), 189(2), 190, 191(2), 191(3), 324(4), 351(1), 351(2) and osk 1 of 5 901-ABA-496-2026 (CR).docx 352 of the Bharatiya Nyaya Sanhita, 2023. 3. Mr. Mahadeo A. Choudhari, learned Advocate for the Applicants, submits that upon filing the Criminal Bail Application No. 579 of 2026, the Applicants had urged and pressed for interim reliefs in the said Application. Mr. Choudhari states that on 24th August 2026, the Applicant advanced arguments for interim bail and calling for the say of the Respondent / learned A.P.P. in Criminal Bail Application No. 579 of 2026. He submits that the Applicant had not advanced arguments on the main Criminal Bail Application No. 579 of 2026, as the Respondent (office of the learned A.P.P.) was not notified and the say of the Respondent was yet to be filed. He submits that the Sessions Court, for the reasons recorded in the order dated 24th August 2026, has dismissed the Criminal Bail Application No. 579 of 2026 on merits without issuing notice to the Respondent. He therefore submits that the order has caused severe prejudice to the Applicants. He submits that the order dated 24th August 2026 is illegal and contrary to law and established procedure. 4. Mr. Mahadeo A Choudhari, learned Advocate for the Applicants, refers to the two-page order dated 24th August 206 passed by the Additional Sessions Judge, Pandharpur (“Sessions Court”) in Criminal Bail Application osk 2 of 5 901-ABA-496-2026 (CR).docx No. 579 of 2026 and more particularly, the following observations, which read as follows: “…….Therefore, the application is not entitled to be allowed. Hence, it is not necessary even to issue notice and call the say of learned A.P.P. Hence, the following order is passed :- ORDER The bail application is dismissed.” 5. Dr. A. A. Takalkar, learned A.P.P. for the Respondent Nos. 1 & 3-State, in all fairness, submits that the reasons given by the Sessions Court for dismissing the Application without issuing notice to the learned A.P.P. and without calling for the Respondent - Investigating Officer's say cannot be justified. She submits that it would be appropriate for the Sessions Court to consider the Application under Section 482 of BNNS, 2023, filed by the Applicant at the first instance. She therefore submits that the order dated 24th August 2026 passed by the Sessions Court be set aside, Criminal Bail Application No. 579 of 2026 be restored and the Sessions Court be directed to consider the matter on the merits. 6. Mr. M. Choudhari, learned Advocate for the Applicants, is agreeable to the suggestion made by Dr. A. A. Takalkar, learned A.P.P. for the Respondent Nos. 1 & 3-State. However, he submits that the Applicants apprehend imminent arrest in Crime No. 0525 of 2026. Therefore, a request for osk 3 of 5 901-ABA-496-2026 (CR).docx protection is made till the consideration of the Criminal Bail Application No. 579 of 2026. 7. In view of the above and the peculiar facts and circumstances of the present case, the order dated 24th August 2026 passed in Criminal Bail Application No. 579 of 2026 is set aside, being untenable in law. Accordingly, Criminal Bail Application No. 579 of 2026 is restored on the file of the Sessions Court, with a direction to the Sessions Court to consider and dispose of Criminal Bail Application No. 579 of 2026 after hearing the parties to the said Application on merits within two weeks from 7th September 2026. 8. Dr. A. A. Takalkar, learned A.P.P. for the Respondent Nos. 1 & 3-State, on instructions from the Investigating Officer, states that without awaiting any notice, the Respondent Nos. 1 & 3-State shall file their say/reply in Criminal Bail Application No. 579 of 2026, before the Sessions Court on 7th September 2026. 9. Dr. A. A. Takalkar, learned A.P.P. for the Respondent Nos. 1 & 3-State, on instructions from the Investigating Officer, submits that no precipitative action would be taken against the Applicants till the disposal of the Criminal Bail Application No. 579 of 2026. She submits that this statement is made only because the order is set aside and the matter remanded to the Sessions Court for consideration on merits. osk 4 of 5 901-ABA-496-2026 (CR).docx 10. In view of the fair statement made by Dr. A. A. Takalkar, learned A.P.P. for the Respondent Nos.1 & 3-State, on the instructions from the Investigating Officer, this Application is disposed of. 11. Criminal Bail Application No. 579 of 2026 is restored on the file of the Sessions Court with a direction to dispose of the same in accordance with law and on its own merits within a period of two (2) weeks from 7th September 2026 after hearing the Applicant and Respondents . 12. All the contentions of the Applicants as well as the Respondent Nos. 1 & 3-State are left open. 13. The Applicant and the Respondents shall appear before the Sessions Court on 7th September 2026 at 10.00 a.m. 14. Anticipatory Bail Application No. 496 of 2026 is disposed of in the aforesaid terms. [ ASHWIN D. BHOBE, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.03 21:36:35 +0530