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Bombay High Court

SHOBHA TANAJI KHULEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Allowed

Holding

The court confirmed the anticipatory bail order with added conditions and disposed of the application.

Summary

Shobha Tanaji Khule applied for anticipatory bail in connection with FIR No. 526 of 2025 alleging falsification of relatives' death and fictitious property ownership. The trial court granted bail on a bond of Rs.50,000 with a direction to appear before the investigating officer as required. The State opposed, seeking stricter conditions, while an intervenor filed an intervention application which was allowed. The High Court confirmed the bail order, imposing additional conditions that the applicant must cooperate with the investigation, refrain from influencing witnesses, not tamper with evidence, and keep the police informed of her address and contact details. The anticipatory bail application was thereafter disposed of.

Issues considered

  • Whether anticipatory bail should be granted subject to the condition of appearing before the investigating officer
  • Whether the court can impose restrictions on the applicant from influencing witnesses or tampering with evidence
  • Whether the intervenor's application for intervention should be entertained

Subjects

  • anticipatory bail
  • bail conditions
  • Criminal Procedure Code
  • investigation cooperation
  • witness intimidation
  • intervention

Judgment

                                                       52B-i-ABA-2238-2025 (CR).docx


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

                    CRIMINAL APPELLATE JURISDICTION

             CR. ANTICIPATORY BAIL APPLN. NO. 2238 OF 2025

Shobha Tanaji Khule                                    … Applicant
                    Versus.
The State Of Maharashtra And Another                   … Respondents


                                       -----
Mr. Shardul Diwan i/b. Mr. Rahul Kadam for the Applicant.
Mr. A.S. Shalgaonkar, A.P.P. for the Respondents-State.
Mr. Shubham Visekar i/b. Mr. Ganesh Shiraskar for the Intervenor.
                                      -------

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   24th August 2026.

PER COURT :


1.    Heard Mr. Shardul Diwan, learned Advocate for the Applicant, Mr.

Shalgaonkar, learned A.P.P. for the Respondents-State and Mr. Shubham

Visekar, learned Advocate for the Intervenor.


2.    On 19th September 2025, the following order was passed :

      “1.    Heard learned counsel for the Applicant and learned APP for the
      Respondent – State.
      2.     It is the contention of learned APP that the Applicant has shown
      their relatives as dead when they were alive at the time of alleged



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      incident, and she seeks time to take instructions as to whether those
      individuals have filed any complaint or not.
      3.        The allegations against the Applicant are that they have shown
      the property in a fictitious name. However, it appears from the record
      that the Applicant has purchased the said property.
      4.        Considering the allegations in the F.I.R., I pass the following
      order:
                                         ORDER
           i.       Till the next date, in the event of arrest, the
                  Applicant be enlarged on bail in connection with
                  the C.R. No.526 of 2025 registered with Karmala
                  Police Station, on executing P.R. Bond in the sum
                  of Rs.50,000/- with one or two sureties in the like
                  amount.
           ii. The Applicant shall attend the concerned police
                  station as and when required.


      5.        Learned counsel for the Intervenor seeks leave to file
      intervention application. Leave granted.
      6.        Stand over to 7th October, 2025.




3.    Mr. Shardul Diwan, learned Advocate for the Applicant, states that the

Applicant has appeared before the Investigating Officer at Karmala Police

Station, District Solapur Rural and has cooperated with the investigation of

Crime No. 526 of 2025. He further states that the Applicant shall continue to

cooperate with the investigation and appear before the Investigating Officer




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at Karmala Police Station, District Solapur Rural, as and when required.


4.    Mr. A.S. Shalgaonkar, learned A.P.P. for the Respondents-State, on

instructions from the Investigating Officer, states that the Applicant has

appeared before the Investigating Officer and has cooperated in the

investigation of Crime No. 526 of 2025. He submits that the investigation is

ongoing and that the Investigating Officer will require the Applicant's

presence for further investigation. He therefore requests that a condition be

imposed upon the Applicant to appear before the Investigating Officer as and

when directed. He further submits, on instructions from the Investigating

Officer, that custodial interrogation of the Applicant in Crime No. 526 of

2025 is not required.


5.    Mr. Shubham Visekar, learned Advocate for the Intervenor, opposes the

Application and prays for its rejection.


6.    Mr. Shardul Diwan, learned Advocate for the Applicant, on

instructions, states that the Applicant shall appear before the Investigating

Officer at Karmala Police Station in Crime No. 526 of 2025, as and when

required by the Investigating Officer. The said statement is accepted.


7.    In view of the above, the order dated 19 th September 2025 is confirmed

with the following additional conditions:-




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                    ADDITIONAL CONDITIONS :


                              “(a) The Applicant shall appear before the Investigating Officer,

                                    Karmala Police Station, District Solapur Rural, as and when

                                    required by the Investigating Officer in Crime No. 526 of 2025.


                              (b)   The Applicant shall not, directly or indirectly, make any

                                    inducement, threat or promise to any person acquainted with

                                    the facts of the case to dissuade that person from disclosing the

                                    facts to the Court or any police officer.


                              (c)   The Applicant shall not tamper with evidence in any manner.


                              (d)   The Applicant shall provide the Investigation Officer with her

                                    residential address along with proof, her contact numbers and

                                    must inform the Investigating Officer of any changes to this

                                    information from time to time. ”


                    8.        Anticipatory Bail Application No. 2238 of 2025 is disposed of.




                                                              [ ASHWIN D. BHOBE, J. ]
           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.08.25
           13:26:08
           +0530




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