Bombay High Court

ROHIT VISHWAS VAREKARversusSTATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

The Court held that anticipatory bail may be made absolute provided the applicants strictly comply with the conditions imposed, and any breach would justify cancellation of the bail.

Summary

The High Court considered two anticipatory bail applications (Nos. 1364 and 1019 of 2025) filed by Rohit Varekar and Vaibhav Patil in a criminal case (Crime No. 626 of 2024). The applicants had earlier deposited a partial amount and executed an affidavit‑cum‑undertaking to deposit the balance and cooperate with the investigation. The State opposed the applications, but the Court noted the applicants' regular appearances before the investigating officer and their compliance with the undertaking. The Court ordered that the anticipatory bail be made absolute, subject to specific conditions such as furnishing a personal bond, providing residential details, refraining from tampering with evidence, and reporting regularly to the investigating officer. It further held that any failure to comply would permit the prosecution to seek cancellation of the bail. Both applications and the related interim stamp application were disposed of.

Issues considered

Whether anticipatory bail can be granted absolute subject to conditions in the present case
Whether the affidavit‑cum‑undertaking filed by the applicant binds him to deposit the remaining amount and cooperate with investigation
What conditions may be imposed on anticipatory bail to ensure compliance and prevent tampering or inducement
Effect of non‑appearance before the investigating officer on the continuance of anticipatory bail

Subjects

anticipatory bail
Criminal Procedure Code
interim protection from arrest
undertaking
personal bond
co‑operation with investigation
conditions of bail
cancellation of bail

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

osk 1 of 7
15-ABA-1364-2025 (CR).docx

-----
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

osk 2 of 7
15-ABA-1364-2025 (CR).docx

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

osk 3 of 7
15-ABA-1364-2025 (CR).docx

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

osk 4 of 7
15-ABA-1364-2025 (CR).docx

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.

osk 5 of 7
15-ABA-1364-2025 (CR).docx

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.

osk 6 of 7
15-ABA-1364-2025 (CR).docx

(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 [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
2026.08.18
10:56:27
+0530

osk 7 of 7

Continue reading with your account

Checking your session…