Bombay High Court
HANMANT SHIVRAM SUTAR AND ORSversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
Anticipatory bail is granted to the applicants, with the order made absolute subject to specified conditions.
Summary
The applicants, Hanmant Shivram Sutar and others, filed an anticipatory bail application in connection with Crime No. 112 of 2023, which alleged offences under IPC sections 420, 406, 409, 467, 471 read with section 34. They argued that a co‑accused, Kisan Galave, had already been granted anticipatory bail in a similar case and therefore they were similarly situated. The Court examined the merits of granting pre‑arrest bail, the applicants’ cooperation with the investigation, and the need for conditions to prevent tampering with evidence. Finding no breach of any earlier bail order and noting the applicants’ willingness to cooperate, the Court confirmed the interim bail order of 29‑08‑2023 and made it absolute, imposing additional reporting and address‑verification conditions. The anticipatory bail application was therefore allowed and the matter disposed.
Issues considered
- Whether anticipatory bail should be granted to the applicants in view of the pending investigation under Crime No. 112 of 2023.
- Whether the applicants are similarly situated to the co‑accused who was previously granted anticipatory bail.
- What conditions, if any, should be imposed to ensure the applicants do not tamper with evidence or obstruct the investigation.
Legislation cited
- Indian Penal Code, 1860 — s. 34, 406, 409, 420, 467, 471
Subjects
- anticipatory bail
- pre‑arrest bail
- IPC offences
- section 34
- bail conditions
- investigation cooperation
Judgment
26-ABA-2197-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2197 OF 2023
Hanmant Shivram Sutar And Ors. … Applicants
Versus
The State of Maharashtra … Respondent
_______________________________________________________________
Mr. Ranjeet Patil i/b Ganesh Bhujbal, Advocate for the Applicants.
Dr. A. A. Takalkar, APP for the Respondent – State.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 21st September, 2026.
P.C. :
1. Heard Mr. Ranjeet Patil, learned Advocate for the Applicants
and Dr. A. A. Takalkar, learned APP for the Respondent – State.
2. On 29.08.2023, the following order was passed :-
1) Heard the learned Counsel for the applicants and the
learned APP for the State.
2) This is an application for pre-arrest bail in connection
with CR. 112 of 2023, registered with Patan Police Station,
Satara, for the offences punishable under Sections 420, 406,
409, 467, 471 read with Section 34 of Indian Penal Code, 1860
("the Penal Code").
3) Mr. Bhujbal, the learned Counsel for the applicants
submits that the co-accused namely Kisan Galave has been
granted pre-arrest bail in ABA No. 1967 of 2023, by an order
dated 20th July, 2023 and the said application now posted on
4th September, 2023.
4) The learned Counsel submits that the applicants are
similarly situated.
Arjun 1
26-ABA-2197-2023.doc
5) Post this matter on 4th September, 2023, to be taken
up along with ABA No. 1967 of 2023.
6) In the meanwhile, in the event of the arrest of the
applicants in connection with CR. 112 of 2023. registered with
Patan Police Station, Satara. for the offences punishable under
Sections 420, 406, 409, 467, 471 read with Section 34 of Indian
Penal Code. 1860, the applicants be released on bail on
executing a PR Bond in the sum of Rs.30,000/- each with one or
two sureties in the like amount.
7) The applicants shall attend Patan police station, on 1
and 2nd September, 2023 in between 10.00 am to 12.00 noon.
8) The applicants shall not tamper with the prosecution
evidence and/or give threat or inducement to the first informant
and any of the persons acquainted with the facts of the case.
3. Mr. Ranjeet Patil, learned Advocate for the Applicants states that
the Applicants have appeared before the Investigating Officer, Patan
Police Station, Satara investigating Crime No. 112 of 2023. He, on
instructions from the Applicants, states that the Applicants shall appear
before the Investigating Officer as and when required and shall co-
operate with the investigation in Crime No. 112 of 2023.
4. Dr. A. A. Takalkar, learned APP for the Respondent – State, on
instructions from the Investigating Officer, Patan Police Station, Satara,
submits that the Applicants have appeared before the Investigating
Officer and the investigation in Crime No. 112 of 2023, is ongoing.
5. The interim bail granted to the Applicant is operating since
29.08.2023, the Applicants have appeared before the Investigating
Arjun 2
26-ABA-2197-2023.doc
Officer, Patan Police Station and there being no allegations of the
Applicants having breached their liberty granted by this Court, this
Application is allowed by confirming the order dated 29.08.2023 and
making the same absolute in terms of paragraph nos. 6 and 8 with the
following additional conditions :
(a) Applicant shall appear and report to the
Investigating Officer, Patan Police Station, Satara, on
5th, 6th and 7th October, 2026, from 10:00 am to 12:00
pm and thereafter as and when required by the
Investigating Officer. The Applicant shall cooperate
with the investigation in Crime No. 112 of 2023.
(b) Applicant shall provide the Investigating
Officer, Patan Police Station, Satara, 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.
6. Anticipatory Bail Application No. 2197 of 2023 is allowed and
disposed of.
Digitally
(ASHWIN D. BHOBE, J.)
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date: Arjun 3
2026.09.23
10:19:14
+0530
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