Bombay High Court
SHIVAJI NARAYAN JADHAV @ SHIVAJI NARAYAN PATILversusSTATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The court confirmed and made absolute the interim anticipatory bail, holding that the applicant’s cooperation and lack of substantive evidence warranted the grant of bail subject to additional conditions.
Summary
Shivaji Narayan Jadhav applied for anticipatory bail in connection with FIR No. 649/2023 alleging offences under IPC sections 323, 506, 109 r/w 34 and the Maharashtra Money Lending (Regulations) Act, 2014. The FIR, filed by a borrower, claimed the applicant charged exorbitant interest and harassed him. The applicant contested the allegations, producing bank records to show the transactions were legitimate and asserted full cooperation with the investigation. The trial court initially granted interim bail with a personal bond and conditions, later extending the protection. On further hearing, the court confirmed the interim order, made it absolute, and imposed additional conditions such as reporting to the investigating officer on specified dates and prohibitions against tampering with evidence. The anticipatory bail application was ultimately disposed with the bail granted subject to these conditions.
Issues considered
- Whether anticipatory bail should be granted despite allegations of criminal intimidation, extortion and violations of the Money Lending (Regulations) Act.
- Whether the applicant’s cooperation with the investigating agency and the bank evidence negate the necessity for custodial detention.
- Whether additional conditions are required to ensure the applicant does not influence witnesses or tamper with evidence.
Legislation cited
- Indian Penal Code, 1860 — s. 109, 323, 34, 506
- Maharashtra Money Lending (Regulations) Act, 2014 — s. 39, 45
Subjects
- anticipatory bail
- money lending
- IPC
- section 323
- section 506
- section 109
- section 34
- Maharashtra Money Lending Act
- investigation cooperation
- bail conditions
Judgment
35 - ABA - 162 - 2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
VAIBHAV
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 162 OF 2024
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.10.06
10:37:22 +0530
Shivaji Narayan Jadhav @ Shivaji Narayan
Patil … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents
-----
Mr. Atharva Bhingardeve i/by Mr. Amit Icham for the
Applicant.
Mr. Nitin B. Patil, APP for the State.
-------
CORAM : ASHWIN D. BHOBE, J.
DATED : OCTOBER 5, 2026
P.C.:
1. Heard Mr. Atharva Bhingardeve, learned Advocate for the
Applicant and Mr. Nitin B. Patil, learned APP for the State.
2. On 22nd January 2024, the following order was passed:
“1. The Applicant is seeking anticipatory bail in connection with
C.R.No.649/2023, dated 14/12/2023, registered with Tasgaon Police Station,
Sangli, under sections 323, 506, 109 r/w 34 of the Indian Penal Code and
under section 39 and 45 of Maharashtra Money Lending (Regulations) Act,
2014.
2. Heard Mr. Aniket Nikam, learned counsel for the Applicant and
Smt. M. H. Mhatre, learned APP for the State.
3. Learned APP is seeking adjournment. Considering her request,
today I have heard the parties for consideration of ad-interim relief.
4. The FIR is lodged by one Nikam. He has stated that because of
his financial constraints he was in need of money. He took loan of Rs.5 lakhs
from the Applicant about two years before lodging of the FIR. The Applicant
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gave him the loan amount, but charged exorbitant interest @ 20% per month.
The first informant was to pay Rs.1 lakh per month. Since the first informant
had no option, he took that loan. Subsequently, the informant was harassed.
According to the informant, he had paid Rs.40 lakhs. But the Applicant was
demanding Rs.1,20,00,000/-. The informant had lost some amount in his
Bhishi. It was to the tune of Rs.10,50,000/-. The informant was unable to pay
any further amount to the Applicant. Therefore, he had concealed himself for
some time. But then he decided to lodge the FIR. On this allegations, the FIR
is lodged.
5. Learned counsel for the Applicant submitted that the
allegations made in the FIR are entirely unsubstantiated. He invited my
attention to the bank entries, which show that even in the months of
September and November 2023, certain amounts was given to the informant
and there is no reference to such amounts. He submitted that therefore those
bank entries are contrary to the allegations made by the first informant. Thus
the allegations are not true.
6. Considering these submissions, it is necessary to seek response
of the investigating agency. In the meantime, the Applicant can approach the
investigating agency and point out all these bank entries and he can
cooperate with the investigation. The investigating agency has to verify the
claim of the Applicant by enquiring with the informant. For that purpose, the
Applicant can be protected for some time.
7. Hence, the following order :
ORDER
(i) In the event of his arrest in connection with C.R.No.649/2023, dated
14/12/2023, registered with Tasgaon Police Station, Sangli, till the next date,
the Applicant is directed to be released on bail on his furnishing PR bond in
the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two
sureties in the like amount.
(ii) The Applicant shall attend the concerned Police Station from
05/02/2024 to 08/02/2024 between 01.00 to 05.00 p.m. and thereafter as
and when called and shall cooperate with the investigation.
(iii) This order shall operate till 27/02/2024.
(iv) Stand over to 27/02/2024.”
3. On 21st August 2024, the following order was passed:
“1. Learned APP seeks further time. He submitted that further
investigation is necessary. Therefore, today I am adjourning the matter with
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continuation of ad-interim relief.
2. Stand over to 26th September, 2024.
3. Ad-interim relief granted earlier to continue till then.
4. The Applicant shall attend the concerned Police Station from
10th to 13th September, 2024 between 01:00 p.m. to 05:00 p.m. and
thereafter as and when called and shall co-operate with the investigation.”
4. Mr. Atharva Bhingardeve, learned Advocate for the Applicant,
states that the Applicant has appeared before the Investigating Officer
and cooperated with the investigation in Crime No. 649 of 2023.
5. Mr. Nitin B. Patil, learned APP for the State, on instructions from
the Investigating Officer, states that although the Applicant has
appeared before the Investigating Officer, there was no full cooperation.
He submits that it was due to the efforts of the Investigating Officer that
the bank entries were obtained.
6. Considering that the Applicant was granted interim protection on
22nd January 2024, which remains in force to date, the order dated 22 nd
January 2024 is confirmed and made absolute in terms of paragraph
7(i) thereof.
7. At this stage, Mr. Nitin B. Patil, learned APP for the State,
requested that an additional condition be imposed on the Applicant,
directing the Applicant to appear before the Investigating Officer. Mr.
Atharva Bhingardeve, learned Advocate for the Applicant, states that
the Applicant shall appear before the Investigating Officer as and when
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required and cooperate with the investigation in Crime No. 649 of
2023.
8. In light of the above, the following additional conditions are
imposed on the Applicant:
a) The Applicant shall appear and report before the Investigating
Officer on 12th , 13th , 14th , and 15th October 2026 from 10:00
a.m. to 1:00 p.m. and thereafter, as and when required by the
Investigating Officer, Tasgaon Police Station, Sangli.
b) The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person/s acquainted with
the facts of the case to dissuade such person/s from disclosing the
facts to the Court or any police officer.
c) Applicant shall not tamper with evidence in any manner.
d) The Applicant shall provide the Investigating Officer, Tasgaon
Police Station, Sangli, 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.
9. Anticipatory Bail Application No. 162 of 2024 is disposed of.
(ASHWIN D. BHOBE, J.)
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