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2026 DAILYLAW 8101 (BOM)

JAYWANT TULSHIRAM BHANDARE v. THE STATE OF MAHARASHTRA AND ORS.

ABA/357/2026 · 2026-09-11

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911 - ABA - 357 - 2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 357 OF 2026 Jaywant Tulshiram Bhandare … Applicant V/s. The State of Maharashtra & Ors. … Respondents Mr. Samir Kumbhakoni (through V.C.) for the Applicant. Mr. Shriram S. Chaudhari, APP for the State. CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 11, 2026 P.C.: 1. Heard Mr. Samir Kumbhakoni, learned Advocate for the Applicant, and Mr. Shriram S. Chaudhari, learned APP for the State. 2. By this Application, the Applicant has sought the following substantive relief: “b. In the event of arrest this Hon’ble Court, be pleased to grant the Applicants, Anticipatory Bail in respect of the offence punishable u/s 351(2), 339, 338, 331(1) of Bhartiya Nyaya Sanhita Registered with Pandharpur City Police Station on 09/01/2026 at C.R. No.9 of 2026;” 3. On 10th July 2026, the following order was passed: “1. Issue notice to the Respondents, returnable on 30.07.2026. Learned APP waives service of notice for Respondents/State. 2. The learned Counsel for the Applicant submits that the Applicant is falsely implicated in the present crime. There is nothing to be recovered from the Applicant. Apprehending arrest, the Applicant approached the learned VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.11 15:32:57 +0530 911 - ABA - 357 - 2026.docx Sessions Judge. By an interim order dated 25.03.2026, passed during the pendency of the Bail Application, the learned Sessions Judge granted interim protection to the Applicant, which continued to operate till the disposal of the Bail Application. The learned Counsel further submits that the Applicant is 75 years of age, has deep roots in society, and is not a flight risk. The Applicant has cooperated with the investigation pursuant to the interim protection granted by the learned Sessions Judge. The Applicant is further ready to abide by any conditions that may be imposed by this Court. 3. Taking into consideration the aforesaid submissions, I am inclined to protect the Applicant until the investigation papers are received, subject to certain conditions. Hence the following order : ORDER (a) In the event of arrest of the Applicant - Jaywant Tulshiram Bhandare in connection with Crime No.9/2026 registered with Pandharpur City Police Station, District Solapur Gramin for the offences punishable under Sections 351(2), 339, 338, 331(1) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousands) with two solvent sureties in the like amount, on the following conditions : (b) The Applicant is directed to attend Pandharpur City Police Station, District Solapur Gramin on every Saturday between 11:00 am. to 02:00 pm. and co-operate with the Investigating Officer until further orders. (c) The Applicant shall not tamper with the evidence and shall not pressurize the prosecution witnesses, in any manner. (d) The Investigating Officer shall make the investigation papers available for perusal of this Court. 4. Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek vacation of the interim relief granted herein above. 5. Stand over to 30.07.2026.” 4. On 17th August 2026, the following order was passed: “1. On 14th August 2026, the following order was passed :- “1. When this Application was called out, none appears for the Applicant either physically in the Court or through V.C.. 2. Mr. Shrikant Yadav, learned A.P.P. for the Respondent-State submits that the Applicant has not supplied spare copies of the paper- book and as such, the notice is not issued to the Respondent No.3. He therefore insists dismissal of the Application. 3. In view of the absence of the Advocate for the Applicant, as a VRJ 2 911 - ABA - 357 - 2026.docx matter of indulgence, list this matter on 17th August 2026, under the caption 'For Dismissal'.” 2. Today Mr. Samir Kumbhakoni, learned Advocate for the Applicant appears and requests for extension of time to furnish the spare copies of the paper-book. 3. Though there is a default in compliance with the order dated 10th July 2026, however at the request of Mr. Samir Kumbhakoni, time to furnish the spare copies is extended upto 21st August 2026. 4. If the spare copies are furnished on or before 21st August 2026, Registry to issue fresh notice to the Respondent No.3, returnable on 7th September 2026. 5. Interim relief, granted earlier, to continue till the next date of hearing.” 5. On 7th September 2026, the following order was passed: “1. This Anticipatory Bail Application is listed as Sr. No. 28 on the ‘Daily Cause-List’. When this Application was called out in the morning session, Advocate Mr. Ismail Kadage appeared and stated that he had instructions to appear on behalf of Respondent No. 3. At his request, this Application was kept back post lunch and taken up at 3:15 p.m. 2. At 3:15 p.m., when this Application was called out, the Sheristadar called out the names of Respondent No. 3 and Advocate Mr. Ismail Kadage. Neither the Respondent No.3 nor Advocate Mr. Ismail Kadage is present either physically in the Court or through V.C. mode. 3. Mr. Samir Kumbhakoni (Through V.C.) for the Applicant and Mr. S.S. Chaudhari, A.P.P. for the Respondent Nos.1 & 2-State present. 4. To afford an opportunity to the Respondent No.3 and also Advocate Mr. Ismail Kadage, to appear in this Application, list this Application on 11th September 2026. 5. It is clarified that, in the event Respondent No. 3 or Advocate Mr. Ismail Kadage does not appear on the next date, this Application would be disposed of after hearing the parties present. 6. Interim Order, if any, to continue till the next date.” 6. Today, when the names of Respondent No. 3, Raju Anil Pawar, VRJ 3 911 - ABA - 357 - 2026.docx and Advocate Mr. Ismail Kadage were called out by the Court Sheristedar, neither of them is present, either physically or through V.C. mode. 7. Mr. Samir Kumbhakoni, learned Advocate for the Applicant, states that the Applicant has appeared before the Investigating Officer and has co-operated with the investigation in Crime No. 9 of 2026. 8. Mr. Shriram S. Chaudhari, learned APP for the State, submits that the Applicant has appeared and co-operated with the investigation in Crime No.9 of 2026. He, on instructions from the Investigation Officer, states that the charge sheet has been filed in the present crime. He submits that the custodial interrogation of the Applicant is not required in Crime No.9 of 2026. 9. In view of the above, the order dated 10th July 2026 passed by this Court is confirmed and made absolute in terms of condition Nos. 3(a) and (c), with the following additional conditions: (a) The Applicant shall appear before the Investigating Officer, Pandharpur City Police Station, District Solapur (Rural), on the second and fourth Monday of each month, and/or on any date the Investigating Officer may require the presence of the Applicant. (b) The Applicant shall provide the Investigating Officer, VRJ 4 911 - ABA - 357 - 2026.docx Pandharpur City Police Station, District Solapur (Rural), with his residential address along with proof, his contact number, and must inform the Investigating Officer of any changes to this information from time to time. 10. Anticipatory Bail Application No.357 of 2026 is allowed and disposed of. (ASHWIN D. BHOBE, J.) VRJ 5