Bombay High Court

VAIBHAV MARUTI PATILversusTHE STATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

The Court upheld the anticipatory bail protection but made it absolute subject to strict conditions, and disposed of both applications and the interim application.

Summary

The Bombay High Court, Kolhapur Bench, considered two anticipatory bail applications (Nos. 1364 and 1019 of 2025) filed by Rohit V. Varekar and Vaibhav M. Patil respectively, along with an interim stamp application. The applicants had deposited a partial amount and filed an affidavit undertaking to deposit the balance in installments, seeking protection from arrest in Crime No. 626 of 2024. The State opposed, emphasizing compliance with the undertaking and the conditions of protection. The Court, noting the applicants' cooperation with the investigating officer, made the bail protection absolute subject to specific conditions including furnishing a personal bond, reporting to the police, and prohibitions against tampering with evidence. It ordered that failure to comply would permit cancellation of bail, and disposed of both anticipatory bail applications and the interim application.

Issues considered

Whether the anticipatory bail protection can be continued subject to the applicants' undertakings and conditions imposed by the Court
Whether non‑compliance with the affidavit‑cum‑undertaking and reporting requirements warrants vacation of the bail protection
Whether the interim stamp application survives after the disposal of the principal anticipatory bail applications

Subjects

anticipatory bail
interim protection
personal bond
surety
conditions of bail
non‑cooperation
evidence tampering
Criminal Procedure Code

Judgment

15-ABA-1364-2025 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 1364 OF 2025

Rohit Vishwas Varekar … Applicant
Versus.
The State of Maharashtra … Respondent

WITH
CR. ANTICIPATORY BAIL APPLN. NO. 1019 OF 2025

Vaibhav Maruti Patil … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents

WITH
CRI-INTERIM APPLICATION (STAMP) NO. 598 OF 2026
IN
CR. ANTICIPATORY BAIL APPLN. NO. 1019 OF 2025

Chetan Raju Randive And Others … Intervenors
In the matter between :-
Vaibhav Maruti Patil … Applicant
Versus
The State of Maharashtra & Anr. … Respondents

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-----
Mr. Ramanik P. Pawar for the Applicants.
Ms. S.N. Deshmukh, A.P.P. for the Respondent-State.
Mr. Saurabh P Tandale for the Intervenors in IA/Stamp/598/2026.
Ms. Gayatri Kulkarni h/f. Ms. Vrushali Maindad for the Respondent No.2 in
ABA/1019/2025.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 17th August 2026.

PER COURT :

1. Heard Mr. Ramanik Pawar, learned Advocate for the Applicants, Ms.

S.N. Deshmukh, learned A.P.P. for the Respondents-State, Mr. Saurabh P.

Tandale, learned Advocate for the Intervenors in IA/Stamp/598/2026 and

Ms. Gayatri Kulkarni, learned Advocate for the Respondent No.2 in

ABA/1019/2025.

2. Mr. Ramanik Pawar, learned Advocate for the Applicants refers to the

following orders passed by the predecessor of this Court in theses

Applications.

A) Order dated 24th June 2026:

“1. Learned counsel for the Applicant Mr. Ramanik Pawar submits
that in pursuance to the order passed by this Court dated 22 nd
June 2026, the Applicant - Vaibhav Patil has deposited the
demand draft of Rs.30,00,000/- before this Court. Today, during
the course of hearing an Affidavit is tendered on behalf of the
Applicant – Vaibhav Patil, which is taken on record and marked

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as “X” for identification.

2. Perusal of the affidavit shows that the Applicant has undertaken
to deposit the remaining amount of Rs. 48,53,632/- in four
installments, as under:
No. Due Dates Amount
1 24th July 2026 12,00,000/-
2 24th August 2026 12,00,000/-
3 24th September 2026 12,00,000/-
4 24th October 2026 12,53,632/-
Total 48,53,632/-

3. The aforesaid amount is undertaken to be deposited in
pursuance of the undertaking given to this Court, which is
recorded in the order dated 16/04/2025. Para No.8 of the
Affidavit states that the Applicant shall strictly abide by the
aforesaid schedule of depositing the remaining amount without
seeking any extension of time.

4. Since the Applicant has shown his bona fides by depositing a
demand draft of Rs. 30,00,000/- before this Court, the
aforesaid Affidavit is accepted and taken on record. The
statement in the Affidavit shall be treated as an undertaking
given to this Court. For seeking compliance with the
undertaking contained in the said Affidavit, the matter is posted
on 24th July 2026.

5. Needless to mention, failure on the part of the Applicant to

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deposit the amount as undertaken on or before the 24 th day of
each month shall result in automatic vacation of the interim
protection from arrest granted by this Court.”

B) Order dated 30th June 2025:

“. Heard.
2. Leave to implead the first informant as party respondent to this
application. Necessary amendment shall be carried out within
one week from today. After the amendment is carried out, issue
notice to the newly added respondent.
3. The learned Counsel for the applicant submits that the
applicant neither received nor benefitted from the alleged
funds. Out of five individuals accused in the matter, three have
already been granted protection by way of the interim relief,
either by the Sessions Court, this Court, or the Hon'ble Supreme
Court.
4. The learned APP seeks an accommodation as the Investigating
Officer is not present. Ms Shaheen Kapadia, the learned
Counsel, appears on behalf of the newly added respondent. She
also seeks time to take instructions.
5. By consent, stand over to 15 July 2025. There shall not be any
coercive action against the applicant till the next date.”

3. Mr. Ramanik Pawar, learned Advocate for the Applicants, states that,

pursuant to the protection order (no coercive action), the Applicants have

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been regularly appearing before the Investigating Officer at Juna Rajwada

Police Station, Kolhapur and are co-operating with the investigation in Crime

No. 626 of 2024, dated 10 th October 2024, registered with Juna Rajwada

Police Station, Kolhapur.

4. Ms. Deshmukh, learned A.P.P. for Respondent No. 1-State, on

instructions, states that the Applicants are appearing before the Investigating

Officer at Juna Rajwada Police Station, Kolhapur. Ms. Deshmukh, learned

A.P.P., submits that Applicant Vaibhav Patil has filed an Affidavit-Cum-

Undertaking dated 24th June 2026 (“X”) and should be made bound by the

undertakings given therein.

5. Mr. Ramanik Pawar, learned Advocate for the Applicants, states that

the Applicant - Vaibhav Patil has filed an Affidavit-Cum-Undertaking dated

24th June 2026 (“X”) and he is bound by the commitments made therein. He

reiterates the undertakings given by the Applicant - Vaibhav Patil to this

Court.

6. There is no material on record, either from Ms. Gayatri Kulkarni,

learned Advocate for the Respondent No.2 in ABA/1019/2025 or from Mr.

Saurabh Tandale, learned Advocate for the Intervenors in

IA/Stamp/598/2026 that contradicts the statement made by Mr. Ramanik

Pawar, learned Advocate for the Applicants in paragraph No.3 herein above.

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7. As the Applicants have been protected by this Court and have

cooperated with the Investigating Officer at Juna Rajwada Police Station,

Kolhapur, this Application is made absolute in terms of the order dated 30 th

June 2025, subject to the following conditions.

ORDER

(a) In the event of arrest of the Applicant in Crime No. 626 of

2024, dated 10/10/2024, registered with Juna Rajwada Police

Station, District Kolhapur, the Applicants shall be released on

bail on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees

Fifty Thousand Only) each with one or two sureties in the like

amount to the satisfaction of the Investigation Officer, Juna

Rajwada Police Station, District Kolhapur.

(b) The Applicants shall provide the Investigating Officer with

their residential address along with proof, their contact

number and must inform the Investigating Officer of any

changes to this information from time to time.

inducement, threat, or promise to any person acquainted with

the facts of the case to dissuade such person from disclosing

the facts to the Court or any police officer.

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(d) The Applicants shall not tamper with the evidence, in any

manner.

(e) The Applicants shall appear and report before the Investigation

Officer at Juna Rajwada Police Station, District Kolhapur, on

the second and fourth Monday of each month from 11:00 a.m.

to 12:00 noon, and thereafter as and when required by the

Investigation Officer.

(f) In the event the Applicants fail to appear and report before the

Investigating Officer on the dates mentioned hereinabove

and/or as and when required by the Investigating Officer, the

prosecution would be entitled to file an application seeking

cancellation of this bail.

8. Both the Criminal Application Nos. 1019 and 1364 of 2025 stand

disposed of.

9. In view of the disposal of Criminal Application No. 1019 of 2025,

Interim Application (Stamp) No. 598 of 2026 does not survive and stands

disposed of.

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
[ ASHWIN D. BHOBE, J. ]
2026.08.18
10:56:27
+0530

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