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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code, 1860 — s. 307, 34, 504, 506
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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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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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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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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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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