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Bombay High Court

BHUJANG CHATRAPATINATH ZAMBREversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The court granted anticipatory bail with conditions and a cost of Rs. 50,000.

Summary

The applicant, Bhujang Chatrapatinath Zambre, filed a fourth anticipatory bail application in connection with a case involving multiple IPC offences (307, 326, 324, 323, 504, 506, 143, 147, 148, 149). Earlier bail applications had been rejected on merit, but the parties now claim to have settled the dispute and have jointly moved to quash the FIRs. The informant/victim did not object and filed an affidavit supporting the settlement, while the State opposed any relief citing the prior rejections. The court noted that the settlement renders the continuation of the proceedings unnecessary and, considering the use of government resources, imposed a cost of Rs. 50,000. Consequently, the court granted anticipatory bail with a personal bond of Rs. 15,000, one surety, and several conditions, including attendance at the police station, non‑contact with witnesses, and cooperation with the investigation.

Issues considered

  • Whether anticipatory bail can be granted despite previous rejections when the parties have settled and seek quashment of the FIRs
  • Whether the court may impose a monetary cost on the applicant for granting bail
  • Whether conditions can be imposed on the bail to safeguard the investigation

Legislation cited

Subjects

  • anticipatory bail
  • settlement
  • quashment of FIR
  • Indian Penal Code
  • pre‑arrest bail
  • court costs
  • conditions of bail

Judgment

                                  -1-
                                                        aba1046.26.odt

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

        41 ANTICIPATORY BAIL APPLICATION NO. 1046 OF 2026

Bhujang Chatrapatinath Zambre                     ….Applicant

VERSUS

The State of Maharashtra & another                …..Respondents

Mr. S. J. Salunke, Advocate for Applicant
Mr. M. K. Goyanka, APP for the State.
Mr. Y. H. Lagad, Advocate for the informant.

                                CORAM : R. M. JOSHI, J.
                                DATE : 27th JULY, 2026.
PER COURT :


1.      This is a fourth bail application seeking pre-arrest bail in

connection with Crime No. 0143/2023, registered with Ashti Police

Station, District Beed, for the offences punishable under Sections

307, 326, 324, 323, 504,506, 143, 147, 148, 149 of Indian Penal

Code.     There is no dispute about the fact that the previous bail

applications were rejected on merit and hence, question of grant of

any relief to the Applicant on merit does not arise.



2.      This application however, is filed with the contention that both

the parties involved in the present application have settled the

dispute between themselves and preferring application for quashment
                                  -2-
                                                        aba1046.26.odt

of First Information Reports filed by both the sides.          Criminal

Application No. 1228/2026 is pending before the appropriate Court.



3.    Learned Counsel for Applicant submits that even if the bail is

not to be granted on merit, it cannot be ignored that the parties have

settled the dispute and having jointly sought quashment of the First

Information Report registered against each other. In the light of these

facts, it is his submission that by imposing appropriate conditions,

application can be allowed.



4.    Learned Counsel for the informant/victim records no objection

for the same. Infact, affidavit is filed by the informant to that effect.

Learned APP opposed grant of any protection to the Applicant for the

reason that previous three bail applications filed by the Applicant

were rejected by this Court.



5.    No doubt, previous bail applications were rejected on merit,

however,   order   dated   5.03.2024    passed   in   Anticipatory   Bail

Application No. 1731/2023 indicates that the parties were exploring

possibility of settlement and were likely to file proceeding for
                                    -3-
                                                         aba1046.26.odt

quashment of the First Information Report and therefore, last of such

bail applications was withdrawn.



6.    Now, parties have settled the dispute and filed proceeding for

quashment which are pending before the competent Court. In view of

the fact that the settlement is arrived at between the parties,

needless to say what would be the outcome of the present proceeding,

if it is allowed to be continued. In any case, since the Government

machinery has been used, appropriate cost needs to be imposed for

grant of relief to the Applicant.    In the facts of the case, cost is

determined at Rs. 50,000/- to be paid to the High Court Legal

Services Sub-Committee at Aurangabad within a period of a week. In

view of this, application is allowed in following terms :-

                                ORDER



        (i)    In the event of arrest of applicant Bhujang
        Chatrapatinath Zambre, in connection with Crime No.
        0143/2023,     registered   with Ashti Police        Station,
        District Beed, for the offences punishable under
        Sections 307, 326, 324, 323, 504, 506, 143, 147, 148,
        149 of Indian Penal Code, he be released on bail on
        furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen
        Thousand only) with one surety in the like amount.
                                   -4-
                                                         aba1046.26.odt



      (ii)    He shall attend the concerned police station as
      and when called.


      (iii)   He shall not contact the witnesses directly or
      indirectly.


      (iv)    He shall not interfere with the evidence in any
      manner whatsoever.


      (v)     He    is   further   directed   to   cooperate    the
      investigating agency for further investigation.


      (vi)    Learned APP to communicate this order to the
      concerned Investigating Officer.



                                                   ( R. M. JOSHI, J.)

dyb


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