Bombay High Court
JAMSHID DASTGIR JAMADAR AND ANRversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The anticipatory bail application was disposed of as the applicants had cooperated with the investigation and no custodial interrogation was required.
Summary
The applicants filed an anticipatory bail application (No. 2737 of 2023) under Section 438 of the CrPC in connection with offences under Sections 420, 468 and 34 of the IPC registered as Crime No. 154 of 2023 at Ajara Police Station, Kolhapur. Interim bail was granted by the Court of Session and later extended by the Additional Sessions Judge until 22 September 2023. The State counsel sought the applicants' presence before the investigating officer on several dates, which the applicants complied with, and the investigating officer later confirmed that custodial interrogation was not required. On the basis of the applicants' cooperation and the investigating officer’s statement, the court held that the apprehension of arrest was allayed and disposed of the anticipatory bail application. Consequently, the application was closed without the need for further bail orders.
Issues considered
- The court needed to determine whether the anticipatory bail application should be continued or disposed of in view of the applicants' cooperation with the investigation and the investigating officer's declaration that custodial interrogation was unnecessary.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code, 1860 — s. 34, 420, 468
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 420
- IPC 468
- Section 34 IPC
- interim bail
- cooperation with investigation
- custodial interrogation
Judgment
31 - ABA - 2737 - 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
VAIBHAV
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2737 OF 2023
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.10.06
10:37:23 +0530
Jamshid Dastgir Jamadar & Anr. … Applicants
Versus.
The State of Maharashtra … Respondent
Mr. Anand S. Patil with Mr. Soham Powar and Mr. Pratik B.
B. for the Applicants.
Mr. S. H. Yadav, APP for the State.
Mr. Dhananjay A. Utture i/by Mr. Prajakt M. Arjunwadkar
for the Intervenor-Respondent No.3.
-------
CORAM : ASHWIN D. BHOBE, J.
DATED : OCTOBER 5, 2026
P.C.:
1. Heard Mr. Anand S. Patil, learned Advocate for the Applicants
and Mr. S. H. Yadav, learned APP for the State.
2. On 29th September 2023, the following order was passed:
“1. Heard the learned Counsel for the parties.
2. This is an application for pre-arrest bail in connection
with C.R.No.154 of 2023 registered with Ajara Police Station for the
offences punishable under Sections 420 and 468 read with Section 34
of the Indian Penal Code.
3. Mr. Arjunwadkar submits that that he has instructions
to appear on behalf of the Intervener and seeks leave to file an
Intervention application.
4. Leave granted.
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5. Intervention application may be filed within a period of
one week and copy served on the Applicant and the State.
6. The learned APP seeks time to take instructions as the
Investigating Officer is not present.
7. The learned Counsel for the applicant submits that the
applicant was on interim bail till the date of the rejection of the
application by the Court of Session. Even thereafter, the Additional
Sessions Judge had continued the interim protection till 22 September
2023.
8. In view of the above, at the request of the learned APP,
stand over to 11 October 2023.
9. Interim protection granted by the Court of Session,
which was in operation till 22 September 2023, shall continue to
operate till the next date.”
3. On 23rd September 2026, the following order was passed:
“1. This Anticipatory Bail Application is of the year 2023. By order
dated 29th September 2023, the Applicants were granted ad-interim
bail.
2. Mr. S. H. Yadav, learned APP for the State, submits that the
presence of Applicant No. 1 (Jamshid Dastgir Jamadar) is required by
the Investigating Officer, Ajara Police Station, District Kolhapur. Mr.
Anand S. Patil, learned Advocate for the Applicants, states that
Applicant No. 1 will appear before the Investigating Officer as and
when required by the Investigating Officer, Ajara Police Station,
District Kolhapur.
3. Mr. S. H. Yadav, learned APP for the State, submits that the
presence of Applicant No. 1 is required on 24 th , 28th , 29th , 30th
September 2026 and 1st October 2026 from 10:00 A.M. to 1:00 P.M.
4. Mr. Anand S. Patil, learned Advocate for the Applicants, on
instructions from the Applicants, states that Applicant No. 1 shall
appear on all the said dates at the time as stated by Mr. S. H. Yadav,
learned APP for the State.
5. Mr. Anand S. Patil, learned Advocate for the Applicants, and
Mr. S. H. Yadav, learned APP, request for listing of this matter on 5 th
October 2026.
6. At the request of Mr. Anand S. Patil, learned Advocate for the
Applicants, and Mr. S. H. Yadav, learned APP, list this Application on 5 th
October 2026 under the caption "Prioritized Cases", this Application
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31 - ABA - 2737 - 2023.doc
being of the year 2023.
7. Ad-interim relief granted earlier to continue till the next date.”
4. Mr. Anand S. Patil, learned Advocate for the Applicants, states
that the Applicants have appeared before the Investigating Officer and
have cooperated with the investigation in Crime No. 154 of 2023
registered at Ajara Police Station, Kolhapur. He further states that the
Applicants shall continue to cooperate and appear before the
Investigating Officer as and when required.
5. Mr. S. H. Yadav, learned APP for the State, on instructions from
the Investigating Officer investigating Crime No. 154 of 2023, states
that the Applicants have appeared before the Investigating Officer and
have cooperated with the investigation in Crime No. 154 of 2023. He on
instructions from the Investigating Officer, states that the custodial
interrogation of the Applicants is not required in Crime No. 154 of
2023.
6. Based on the statement made by Mr. S. H. Yadav, learned APP for
the State, that the custodial interrogation of the Applicants is not
required in Crime No. 154 of 2023, Mr. Anand S. Patil, learned
Advocate for the Applicants, states that the apprehension of the
Applicants stands allayed and that this Application be disposed of.
Statement made by the Investigating Officer investigating Crime No.
154 of 2023 is taken on record.
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31 - ABA - 2737 - 2023.doc
7. Anticipatory Bail Application No. 2737 of 2023 is disposed .
(ASHWIN D. BHOBE, J.)
VRJ 4
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