SUHAS NARAYAN MALANDKARversusTHE STATE OF MAHARASHTRA AND OTHERS

                                                   915-916-ABA-166-2026 (CR).doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                     CRIMINAL APPELLATE JURISDICTION
         (915) CR. ANTICIPATORY BAIL APPLICATION NO. 166 OF 2026

Amol Nandkishor Kandalgaonkar                    …...Applicant.
      Versus.
The State Of Maharashtra & Ors.                  …...Respondents
                                     AND
            (916) CR. ANTICIPATORY BAIL APPLN. NO. 173 OF 2026


Suhas Narayan Malandkar                           …...Applicant
      Versus.
The State Of Maharashtra & Ors.                  …...Respondents

                                       -----
Mr. Kaustubh Marathe, (through VC), Advocate for the Applicant.
Mr. Parvez Sanadi h/f Mr. Shivprasad Gaikwad, for Original Complainant.
Ms. Shubhangi Deshmukh, A.P.P. for the Respondent-State in ABA No.173 of
2026.
Mr. S. S. Chaudhari, A.P.P. for Respondent-State in ABA No.166 of 2026.
Mr. Shyam Bua, PI, Devgad Police Station.
                                      -------

                                 Coram :    ASHWIN D. BHOBE, J.
                                 Date :     30th September 2026.

PER COURT :


1.       Heard, Mr. Kaustubh Marathe, Advocate for the Applicants, Mr. S. S.

Chaudhari, for the Respondent-State in ABA No. 166 of 2026 and Ms.

Shubhangi Deshmukh, for the Respondent-State in ABA No. 173 of 2026.


2.       Mr. Kaustubh Marathe, learned advocate for the Applicants in both


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these Applications,     Mr. S. S. Chaudhari and Ms. Shubhangi Deshmukh,

learned APPs, submit that the subject matter of both these Applications

pertains to Crime No. 10 of 2026 registered at Devgad Police Station, District

Sindhudurg and therefore they request that both these Anticipatory Bail

Applications be taken up together and disposed of by a common order. At the

request of the parties, these Applications are taken up together and disposed

of by a common order.


3.       By these Application, Suhas Narayan Malandkar (Accused No. 1) and

Amol Nandkishor Kandalgaonkar (Accused No. 2) in Crime No. 10 of 2026

are before this Court seeking pre-arrest bail.


4.       On 06.04.2026, this Court passed the following order in both these

Applications:-


         “1.   Learned Advocate Mr. Gaikwad appears and undertakes to
         file Vakalatnama on behalf of the Respondent No.3 within a
         period of one week.
         2.    Learned Advocate for the Applicants submits that the
         present F.I.R. being Crime No. 0010 of 2026, dated 20th
         February 2026 has been registered with Devgad Police Station,
         District Sindhudurg, under Section 108 and Section 3(5) of the
         Bharatiya Nyaya Sanhita, 2023 (for short, "B.N.S."). He would
         submit that perusal of the suicide note itself negates the
         allegations alleged under Section 108 of the B.N.S..



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         3.      Learned A.P.P. seeks time to take instructions.
         4.      Stand over to 20th April 2026.
         5.      Till the next date, there shall be ad-interim protection in
         terms of prayer clause (b).”

5.       Prayer clause (b) in both these Applications reads as follows:

              “(b) Pending hearing and final disposal of the present
              application this Honble Court may please order to release the
              Applicant on bail in the event of his arrest by Devgad Police or
              not to take coercive action against the applicant or not to arrest
              the Applicant, in connection of F.I.R. No.10/2026 of Devgad
              Police Station.”

6.       Mr. Kaustubh Marathe, learned advocate for the Applicants, submits

that the Applicants have appeared before the Investigating Officer and have

fully cooperated with the Investigation in Crime No. 10 of 2026. He further

submits that the Applicants shall continue to cooperate with the Investigation

and appear before the Investigating Officer as and when required.


7.       Ms. Shubhangi Deshmukh, learned APP for the State in ABA No. 173 of

2026, and Mr. S. S. Chaudhari, A.P.P. in ABA No. 166 of 2026, on instructions

of the Investigating Officer, state that both Applicants have appeared before

the Investigating Officer and have cooperated with the Investigation in Crime

No. 10 of 2026. They submit that the Investigation in Crime No. 10 of 2026 is

complete and the charge-sheet bearing RCC No. 15 of 2026 is pending before

the Judicial Magistrate First Class, Devgad, for committal. They on


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instructions, submit that the custodial interrogation of the Applicants in

Crime No. 10 of 2026 is not required.


8.       Mr. Kaustubh Marathe, learned advocate for the Applicants, states that

Respondent No. 3 in both these Bail Applications is served and represented

by Advocate Shivprasad Gaikwad.


9.       This matter was called out in the morning session. In view of the

absence of Mr. Shivprasad Gaikwad, learned advocate for Respondent No. 3,

the matter was kept back and the name of Mr. Shivprasad Gaikwad was

flashed on the display board.


10.      When this matter was called out during the post-lunch session,

Advocate Mr. Parvez Sanadi appeared and stated that he has instructions

from Mr. Shivprasad Gaikwad, learned advocate for Respondent No. 3, to

appear in these Applications.


11.      Considering the aforesaid statements made by Mr. Kaustubh Marathe,

learned advocate for the Applicants, Mr. S. S. Chaudhari and Ms. Shubhangi

Deshmukh, learned APPs, that the Applicants have cooperated with the

Investigation in Crime No. 10 of 2026 and noting that the Applicants have

been on interim bail since 06.04.2026 without any allegations of violation of

the bail conditions, the order dated 06.04.2026 is confirmed and made

absolute.


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12.      Mr. S. S. Chaudhari and Ms. Shubhangi Deshmukh, learned APPs, on

instructions, submit that as the matter is still pending committal before the

Judicial Magistrate First Class, Devgad, the Applicants be directed to remain

present on each date of hearing before the Judicial Magistrate First Class,

Devgad, as well as before the Trial Court upon committal.


13.      Mr. Kaustubh Marathe, learned advocate for the Applicants, on

instructions, states that as on date, the Applicants are appearing before the

Judicial Magistrate First Class, Devgad and shall continue to regularly appear

before the Trial Court upon committal of R.C.C. No. 15 of 2026. Statement

accepted.


14.      Anticipatory Bail Applications are disposed of.




                                        [ ASHWIN D. BHOBE, J. ]




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