Bombay High Court
SIDHESH SANJAY PATILversusTHE STATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The Court confirmed the anticipatory bail order, made the conditions absolute, and disposed of the application.
Summary
The applicant, Sidhesh Sanjay Patil, sought anticipatory bail in connection with a case (C.R. No. 501 of 2023) alleging assault with an iron rod, causing a fracture, under sections 326, 323, 504, 506 read with 34 of the Indian Penal Code. The initial FIR was lodged more than three months after the alleged incident, and the trial court on 7 September 2023 granted interim bail subject to certain conditions. The applicant later appeared before the investigating officer, cooperated with the investigation, and a chargesheet was filed, with the case now pending as R.C.C. No. 402 of 2025. Both counsel for the applicant and the State agreed that the applicant had complied with the bail conditions and there was no breach. Consequently, the High Court confirmed the anticipatory bail order, made the conditions absolute, and disposed of the application.
Issues considered
- What is the appropriate disposition of an anticipatory bail application when the accused has complied with the conditions and the investigation is complete?
Legislation cited
- Indian Penal Code, 1860 — s. 323, 326, 34, 504, 506
Subjects
- anticipatory bail
- pre‑arrest bail
- Indian Penal Code
- section 326
- section 323
- section 504
- section 506
- section 34
- bail conditions
- investigation
Judgment
26-ABA-2532-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2532 OF 2023
Sidhesh Sanjay Patil ...Applicant
Versus
The State of Maharashtra ...Respondent
_______________________________________________________________
Ms. Abhilasha Pawar (through VC) i/b Amit Icham, Advocate fo the
Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
GPSI Khanderao Koli, Karvir Police Station, is present.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th September, 2026.
P.C. :
1. Heard Ms. Abhilasha Pawar, learned Advocate for the Applicant
and Mr. S. S. Chaudhari, learned APP for the Respondent – State.
2. On 07.09.2023, the following order was passed :-
1. Heard the learned counsel for the applicant and the
learned APP for the State.
2. This application is preferred seeking pre-arrest bail in
connection with C.R. No. 501 of 2023 registered at Karveer
police station for the offences punishable under sections 326,
323, 504, 506 read with 34 of Indian penal Code, 1860.
3. The first informant is the neighbour of the applicant.
On 12th April, 2023 the applicant allegedly came to the house of
the first informant and raked up a quarrel over the alleged
defamation of the applicant's mother by the husband of the first
informant. The applicant was allegedly armed with iron rod and
assaulted the husband of the first informant by means of iron
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rod on his left leg. The first informant's husband suffered
fracture.
4. The learned counsel for the applicant submitted that
in respect of the alleged incident, initially a report was lodged
on 8th May, 2023 wherein the allegations of assault by means of
iron rod were not made and resultantly only N.C. No. 526 of
2023 was registered. The first information report came to be
lodged after more than three months of the alleged occurrence.
5. Learned APP seeks time to take instructions as the
investigating officer is not present.
6. From the perusal of the material on record prima
facie it appears that the first informant had not reported the
incident of alleged assault by means of iron rod and, instead, in
the hospital history of accident was narrated.
7. In view of the above, a prima facie case for grant of
interim protection is made out.
Hence, the following order.
ORDER
1] In the event of arrest in C.R. No. 501 of 2023 registered at
Karveer police station, the applicant Sidhesh Sanjay Patil be
released on bail on furnishing a P.R.. bond in the sum of Rs.
30,000/- with one or two sureties in the like amount.
2] The applicant shall cooperate with the investigation and
attend Karveer police station, on every alternate Sunday in
between 10 am to 12 noon till the next date.
3] The applicant shall not tamper with the prosecution evidence
and give threat or inducement to first informant, any of the
prosecution witnesses or the persons acquainted with the facts
of the case.
Stand over to 12th October, 2023.
3. Ms. Abhilasha Pawar, learned Advocate for the Applicant, states
that the Applicant has appeared before the Investigating Officer, Karvir
Police Station and has co-operated with the investigation in Crime No.
501 of 2023. She submits that the investigation in Crime No. 501 of
2023 is complete and chargesheet has been filed.
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4. Mr. S. S. Chaudhari, learned APP, on instructions from the
concerned Officer, Karvir Police Station, submits that the investigation
in Crime No. 501 of 2023 is complete and chargesheet has been filed.
He submits that Crime No. 501 of 2023 is now registered as R.C.C. No.
402 of 2025 and is pending before the Additional CJM, Kolhapur.
5. Ms. Abhilasha Pawar, learned Advocate for the Applicant, states
that the Applicant is regularly appearing and facing trial in R.C.C. No.
402 of 2025.
6. In view of the statements made by Ms. Abhilasha Pawar, learned
Advocate for the Applicant and Mr. S. S. Chaudhari, learned APP for the
Respondent – State, the Applicant being on interim bail since
07.09.2023 and there being no allegations of any breach of the
conditions of the order dated 07.09.2023, this Application is allowed by
confirming the order dated 07.09.2023 and making the condition nos.
(1), (2) and (3) of the paragraph no. 7, absolute.
7. Anticipatory Bail Application No. 2532 of 2023 is disposed of.
(ASHWIN D. BHOBE, J.)
ARJUN
KRISHNA
RODGE
Digitally signed by
ARJUN KRISHNA
RODGE
Date: 2026.09.30
11:10:13 +0530
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