DIPAK MOHAN BHAT AND ANRversusTHE STATE OF MAHARASHTRA

                                                                   17-ABA-2832-2023.doc



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
              CRIMINAL APPELLATE JURISDICTION
       ANTICIPATORY BAIL APPLICATION NO. 2832 OF 2023
Dipak Mohan Bhat And Anr                       ...Applicants
        Versus
The State of Maharashtra                                          ...Respondent

_______________________________________________________________
None for the Applicants.
Mr. S. H. Yadav, APP for the Respondent – State.
Mr. Siddharth Karpe, Advocate for the Intervenor.
PC V. V. Jadhav, Mahabaleshwar Police Station, is present.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 30th September, 2026.
P.C. :


1.       This Anticipatory Bail Application is listed under the caption

"Prioritized Cases" being of the year 2023. When this Application was

called out, neither the Applicants nor the Advocate on record for the

Applicants are present. Considering that this Anticipatory Bail

Application is pending since the year 2023, with the assistance of

Mr. S. H. Yadav, learned APP, this matter was taken up for consideration.



2.       On 9th October 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



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        bail in connection with C.R. No. 51 of 2023
        registered at Mabaleshwar police station for the
        offences punishable under sections 143, 144, 147,
        148, 307, 379, 341, 323, 504 and 506 of Indian
        penal Code, 1860.
        3. The indictment against the applicants is that the
        applicants and the co-accused formed an unlawful
        assembly and in prosecution of the common object
        of the said assembly the first informant Yogesh
        Shinde and the members of the accused party
        committed rioting armed with dangerous weapons
        and robbed the first informant of gold chain, wrist
        watch and an amount of Rs. 20,000/- which was
        kept in the car.
        4. The learned counsel for the applicants
        submitted that in respect of the very same
        occurrence the members of the applicants party had
        lodged a report on 21 March, 2023 and the instant
        first information report came to be lodged against
        the accused party by way of counter blast on 1 July,
        2023. The learned counsel for the applicant
        submitted that there is an inordinate delay in
        lodging first information report. It was further
        submitted that by an order dated 28th August, 2023
        this Court has granted pre-arrest bail to the co-
        accused Nos. 4 and 5.
        5. Prima facie, it appears that in respect of the
        very same occurrence, the first information report
        NO. 36 of 2023 for the offences punishable under
        sections 143, 144, 147, 148, 149, 307, 323, 324 and
        506 of the Code seems to have been registered. The
        aspect of delay, prima facie, warrant consideration.
        In view of aboe, I am inclined to protect the liberty
        of the applicants while directing them to join in the
        investigation.
        6. In the event of arrest in C.R. No.51 of 2023
        registered with Mahabaleshwar police station, the
        applicants 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, each.
        7. The applicant shall cooperate with the
        investigation and attend Mahabaleshwar police
        station, on every Sunday in between 10 am to 12
        noon till the next date.
        8.   The applicant shall not tamper.
        9.   with the prosecution evidence and give threat
        or inducement o first informant, any person
        acquainted with the facts of the case or any of the


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               prosecution witnesses.




3.      Mr. S. H. Yadav, learned APP for the Respondent – State, on

instructions from the Investigation Officer, Mahabaleshwar Police

Station, submits that the Applicants had appeared before the

Investigation Officer, Mahabaleshwar Police Station and had cooperated

with the investigation of Crime No. 51 of 2023. He states that

investigation in Crime No. 51 of 2023 is complete and the chargesheet

is filed before the Judicial Magistrate First Class, Mahabaleshwar,

District Satara and which is registered as R.C.C. No. 47 of 2024. He

further submits that though initially the offense of Section 307 of Indian

Penal Code, 1860 was charged in Crime No. 51 of 2023, the same was

dropped after the investigation. He submits that in view of the above,

the custodial interrogation of the Applicants is not required in Crime

No. 51 of 2023.



4.      Mr. Siddharth Karpe, learned Advocate for the Complainant /

Intervenor, states that one of the Accused in Crime No. 51 of 2023 was

granted pre-arrest Bail on the ground that the investigation in Crime

No. 51 of 2023 was completed and the charge sheet was filed.



5.      Considering the statements made by Mr. S. H. Yadav, learned



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                      APP for the Respondent - State, and Mr. Siddharth Karpe, learned

                      Advocate for the Intervenor, by noting the Applicants being on Bail since

                      the year 2023 and there being no allegations of any breach of

                      conditions of the order dated 09.10.2023, this Application is allowed by

                      confirming the order dated 09.10.2023 and making the same absolute

                      in terms of paragraph nos. 6, 7, 8, and 9.



                      6.      Anticipatory Bail Application No. 2832 of 2023 is disposed of.



                                                                    (ASHWIN D. BHOBE, J.)



ARJUN
KRISHNA
RODGE
Digitally signed by
ARJUN KRISHNA
RODGE
Date: 2026.10.01
21:25:27 +0530




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