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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

Subjects

  • anticipatory bail
  • money lending
  • IPC
  • section 323
  • section 506
  • section 109
  • section 34
  • Maharashtra Money Lending Act
  • investigation cooperation
  • bail conditions

Judgment

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                                  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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