33-ABA-458-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 458 OF 2026 Abdullatif Amiroddin Mujawar … Applicant Versus The State of Maharashtra & Anr. … Respondents ---- Mr. M. S. Mulla for the Applicant. Mr. Nitin B. Patil, A.P.P. for the Respondent-State. ------- Coram : ASHWIN D. BHOBE, J. Date : 7th September 2026. PER COURT : 1. Heard Mr. M.S. Mulla, learned Advocate for the Applicant and Mr. Nitin Patil, learned A.P.P. for the Respondents-State. 2. By this Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is before this Court in this Second Anticipatory Bail Application in connection with Crime No. 0621 of 2024, dated 20th August 2024, registered at Sangola Police Station, District Solapur Rural, for offences punishable under Sections 409 and 420 of the Indian Penal Code, 1860 (IPC). osk 1 of 6 33-ABA-458-2026 (CR).docx 3. Mr. Nitin Patil, learned A.P.P. for the Respondents-State, has objected to the maintainability of this successive Anticipatory Bail Application before this Court. 4. The Applicant was before this Court by Anticipatory Bail Application No. 3106 of 2024 (First Anticipatory Bail Application). This Court, vide order dated 22nd November 2024, dismissed the said Application on merits, observing as follows: “1. Heard, Mr. Thobde, learned counsel for the applicant and Mr. Shinde, learned APP for the respondent - Stare. 2. The applicant is apprehending arrest in connection with First Information Report No.0621 of 2024, dated 20th August, 2024, registered at Police Station Sangola, District Solapur, for offences under Sections 409 and 420 of the Indian Penal Code, 1860 (IPC). 3. The informant in the present case is a Police Sub Inspector and his statement shows that the allegation against the applicant is that when he was working as a Nagadi Karkoon (Cashier) and Muddemal Clerk at the aforesaid police station, cash amounts concerning offences registered against accused persons under Gambling Act were deposited with the applicant as the Muddemal Clerk. The said amounts was supposed to be deposited in the Bank by properly following the procedure and generating challans. Verification of the record demonstrated that between the period 2016 to 2020, when the applicant was working in the said police station on the aforesaid post, such amounts were not deposited in the Bank and even challans were missing. 4. The learned counsel for the applicant submits that this could be osk 2 of 6 33-ABA-458-2026 (CR).docx a case, which could be sorted out by proper verification of the records, as the applicant himself could find at least 2 challans, copies of which are produced at Exhibit "C", to show that amounts were deposited in the bank. It is further submitted that, at worst, it could be said that there was dereliction of duty on the part of the applicant as challans were not generated in the context of the aforesaid amounts deposited with the applicant as the Muddemal Clerk. It is submitted that therefore, this court may show indulgence. 5. On the other hand, the learned APP submitted that this was a clear case of involving cheating, as the applicant while working as Muddemal Clerk had misappropriated amounts in the aforesaid manner. 6. This Court has carefully perused the statement of the informant, leading to registration of the FIR. Sufficient details are given as regards the amounts that were deposited from time to time with the applicant as the Nagadi Karkoon and Muddemal Clerk, when he was working in the said police station. Upon verification of the record, the informant found that cash amounts that were supposed to be deposited in the bank were not so deposited and even challans could not be located. These are serious allegations, particularly in the context of a Police Personnel, who as the Muddemal Clerk was handling cash concerning certain offences registered against persons under the Gambling Act. The applicant was expected to act with responsibility and instead of doing so, prima facie, it appears that amounts were not deposited in the bank and they were retained by the applicant. 7. No case is made out for granting anticipatory bail. The application is dismissed.” 5. Mr. M.S. Mulla, learned Advocate for the Applicant, states that a second Anticipatory Bail Application is maintainable in the event of a change osk 3 of 6 33-ABA-458-2026 (CR).docx in circumstances. He submits that after dismissal of Anticipatory Bail Application No. 3106 of 2024 by this Court on 22nd November 2024, the Applicant obtained information under the provisions of the Right to Information Act, 2005, from the Investigating Officer. He submits that the said document is produced at page No. 35 of the Application paper-book. Relying upon the said document, he submits that there is a change in circumstances which would warrant filing of the second Anticipatory Bail Application and grant of it. He relies on the decision of the High Court of Punjab and Haryana in Sakattar Singh and Ors. vs. State of Punjab1. 6. Mr. Nitin Patil, learned A.P.P. for the Respondents, submits that there has been no change in any circumstance and therefore, this second Application, being an abuse of process of law, must be dismissed. He submits that the offence in Crime No. 0621 of 2024 is serious, as noted by this Court in its order dated 22nd November 2024. He further submits that the Applicant has evaded investigation in Crime No. 0621 of 2024 since 22nd November 2024 and is absconding. 7. Perused the record with the assistance of the learned Advocates. 8. The Applicant, for the second time, is before this Court seeking pre- arrest bail. This Application is premised on a change in circumstances. In 1 CRM-M-43991-2026, decided on 10.08.2026 osk 4 of 6 33-ABA-458-2026 (CR).docx support thereof, Mr. M.S. Mulla, learned Advocate for the Applicant, has relied on paragraphs 6 and 7 of the memo of this Application, which are reproduced verbatim:- “6. The Applicant states that thereafter Applicant made application to the concerned Sangola Police Station under Right to Information Act and the concerned police station has given detail information regarding alleged challans. Further if perusing the alleged challans and RTI report, the Applicant deposited some of the alleged amount to the Bank. Hereto annexed and marked as Exhibit D is the copy of the detail report of the some of challans received on 17.12.2024. 7. The Applicant states that the Applicant received on documents dated 12.09.2024 which is seems that the Investigation Officer asking information regarding alleged challans from the State Bank of India, Branch Sangola. First Information report has been lodged on 20.08.2024 by alleging that the Applicant misappropriated funds of Muddemal and he is seeking information from the Bank on 12.09.2024. It is clearly seems that without conducting preliminary inquiry, directly lodged FIR against the Applicant. Hereto annexed and marked as Exhibit E is the copy of the letter dated 12.09.2024 of the Sangola Police Sation.” 9. Neither the contents of paragraphs 6 and 7 of this Application, nor the document at page 35 of the paper book, nor the submissions of Mr. M.S. Mulla, learned Advocate for the Applicant, indicate any change in the fact situation or in the law. osk 5 of 6 33-ABA-458-2026 (CR).docx 10. Paragraph No. 4 of the Order dated 22nd November 2024, passed by this Court, sets out the Applicant's stand in Crime No. 0621 of 2024. The contentions advanced today by Mr. M.S. Mulla, learned Advocate for the Applicant in this second Anticipatory Application, are new arguments and twists on the same facts. 11. The contentions of Mr. M.S. Mulla, learned Advocate for the Applicant, do not suggest that the findings in the Order dated 22nd November 2024 in Anticipatory Bail Application No. 3106 of 2024 can be said to have become absolute. 12. Thus, no case is made out for the grant of anticipatory bail. This Application is without merit. Accordingly, Anticipatory Bail Application No. 458 of 2026 is rejected. [ ASHWIN D. BHOBE, J. ] osk 6 of 6 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.08 17:18:12 +0530