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Bombay High Court

KERA @ KERBA LAXMAN GAIKWADversusSTATE OF MAHARASHTRA

Disposal
Allowed

Holding

The court allowed the anticipatory bail application, confirming the earlier order and making it absolute with an added condition of reporting to the investigating officer.

Summary

The applicant, Kera Laxman Gaikwad, a 75‑year‑old, was charged in Crime No.821 of 2022 for offences under Sections 307, 504 and 506 read with Section 34 of the IPC, based on an FIR alleging assault on the complainant and his mother. On 14 June 2023 the trial court granted anticipatory bail under Section 438 CrPC, citing the applicant’s age, the minor nature of injuries and the low risk of absconding. The State later informed the court that the investigation was complete and a charge‑sheet had been filed, seeking the applicant’s appearance before the investigating officer. The applicant complied and requested that the interim bail be made absolute. The court, finding no breach of bail conditions, confirmed the earlier order, made the bail absolute, and added a condition that the applicant report to the investigating officer on 12‑13 October 2026.

Issues considered

  • Whether the anticipatory bail granted under Section 438 CrPC can be converted into absolute bail.
  • Whether the applicant poses a risk of absconding, tampering with evidence or interfering with witnesses.
  • Whether the conditions imposed are sufficient to justify continuation of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC 307
  • IPC 504
  • IPC 506
  • criminal intimidation
  • attempt to murder
  • senior citizen
  • bail conditions
  • charge sheet

Judgment

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                                                                                  16-ABA-1654-2023 (CR).DOC


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

                                             CRIMINAL APPELLATE JURISDICTION

                                      CR. ANTICIPATORY BAIL APPLN. NO. 1654 OF 2023

                        Kera @ Kerba Laxman Gaikwad                                  …...Applicant
                              VERSUS
                        State Of Maharashtra                                         …...Respondent

                        _________________________________________________________________


                        Mr. Jaydeep Mane a/w Mr. Mihir Mondkar, for Applicant.
                        Mr. S. H. Yadav, A.P.P., for the Respondent-State.
                        API, Mr. Kiran Patil, Mohol Police Station, present.
                        _________________________________________________________________
          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.10.07
          20:49:33
          +0530                              CORAM         :   ASHWIN D. BHOBE, J.
                                             DATE          :   7th OCTOBER, 2026.
                        P.C.


                        1.          Heard, Mr. Jaydeep Mane, learned Advocate for the Applicant

                        and Mr. S. H. Yadav, learned A.P.P. for the Respondent – State.


                        2.           On 14th June, 2023, the following order was passed:


                                “1. This is an application under Section 438 Cr.P.C. filed by the

                                    aforesaid Applicant apprehending his arrest in Crime No.821 of

                                    2022 registered with Mohol Police Station, Solapur, for

                                    offences under Section 307, 504, 506 r/w. 34 of the Indian

                                    Penal Code.




               Shantanu S. Dhudum
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                                                                   16-ABA-1654-2023 (CR).DOC


                2. Heard learned Counsel for the Applicant, learned APP for the
                     State. I have perused the records and considered the
                     submissions advanced by the learned Counsel for the
                     respective parties.

                3. The aforesaid crime was registered pursuant to the FIR lodged
                     by Akshay @ Lallu Mahadev Gaikwad. The facts narrataed in
                     the FIR prima facie reveals that on 15.09.2022 at about 9.30
                     a.m., the first informant was informed that the Applicants
                     herein had assaulted his mother. While he was proceeding
                     towards his residence, the Applicant and others stopped him,
                     co-accused Ganesh pelted stones at him due to which he fell
                     down from the motorcycle. It is alleged that the Applicant and
                     others assaulted him by sticks and iron rods. The first
                     informant has also alleged that the Applicant and others had
                     also assaulted his mother and caused serious injuries. The
                     medical certificate reveals that the injuries sustained by the
                     first informant are two contusions and one abrasion, , and his
                     mother sustained one contusion and one lacerated wound.
                     The injuries sustained by the applicant and his mother are
                     simple in nature.

                4. Considering the nature of the accusation, and particularly the
                     nature of the injuries sustained by the first informant and his
                     mother, in my considered view, this is not a case which would
                     justify custodial interrogation. Moreover, the Applicant is 75
                     years of age. There are no chances of the applicant absconding
                     or thwarting the course of justice. Hence in my considered
                     view this is a fit case for granting interim bail. Hence the
                     order:-

                (i) In the event of arrest of the Applicant in Crime No.821 of 2022
                     registered with Mohol Police Station, Solapur, the Applicant be
                     released on interim bail on furnishing bail bond of Rs.25,000/-
                     (Rupees Twentyfive Thousand Only) with one or two sureties

Shantanu S. Dhudum
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                                                                    16-ABA-1654-2023 (CR).DOC


                      in the like amount;

                (ii) The Applicant shall report to the Investigating Officer for two
                      days on 19th and 20th June, 2023, between 11.00 a.m. to
                      2.00 p.m.;

                (iii) The Applicant shall keep the Investigating Officer informed of
                      his current address and mobile/contact details, and/or change
                      of residence or mobile/contact details from time to time.

                (iv) The Applicant shall not interfere with the Complainant and
                      the other witnesses, or tamper with the evidence in any
                      manner.

                     . Stand over to 30.06.2023.”

         3.           Mr. Jaydeep Mane, learned Advocate for the Applicant, states

         that the Applicant has appeared before the Investigating Officer and has

         cooperated with the investigation.


         4.           Mr. S. H. Yadav, learned A.P.P. for the Respondent – State, submits

         that the Applicant has appeared before the Investigating Officer. He

         submits that the investigation in Crime No.821 of 2022 is complete and the

         charge-sheet has been filed. He submits that the Respondent – State

         proposes to file a supplementary charge-sheet against the Applicant. He,

         therefore, submits that the Applicant be directed to appear before the

         Investigating Officer on 12th and 13th October, 2026.


         5.           Mr. Jaydeep Mane, learned Advocate for the Applicant, on

         instructions from the Applicant, states that the Applicant shall appear

         before the Investigating Officer on 12th and 13th October, 2026.

Shantanu S. Dhudum
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                                                                  16-ABA-1654-2023 (CR).DOC


         6.            In view of the statement made by Mr. S. H. Yadav, learned A.P.P.

         for the Respondent – State, that the investigation in Crime No.821 of 2022

         is complete and the charge-sheet has been filed, further considering that

         the Applicant has been on interim bail since 14th June, 2023, with no

         allegation of breach of any of the bail conditions, this Application is

         allowed by confirming the order dated 14th June, 2023 and making the

         same absolute in terms of paragraph 4(i), (iii) and (iv), with the following

         additional condition:


              A) The Applicant shall appear and report to the Investigating

                     Officer at Mohol Police Station, District Solapur, on 12th and

                     13th October, 2026, between 10:00 a.m. and 1:00 p.m., and

                     thereafter as and when required by the Investigating Officer

                     investigating Crime No.821 of 2022.


         7.            Criminal Anticipatory Bail Application No.1654 of 2023 is

         disposed of.




                                                         ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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