Bombay High Court

SOMNATH PRAKASH BHOSALEversusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

The court held that since the applicant had already been granted bail and had complied with the conditions of cooperation, the anticipatory bail application was allowed and the earlier order was made absolute.

Summary

The applicant, Somnath Prakash Bhosale, sought anticipatory bail in connection with Crime No.660 of 2025 registered at Pandharpur City Police Station. The trial court had earlier granted bail on 13 January 2026 subject to the applicant’s cooperation with the investigation and attendance at the police station. The State opposed the bail, arguing that custodial interrogation was still required, while the applicant and the investigating officer testified that he had fully cooperated and a charge‑sheet had already been filed (R.C.C. No.84 of 2026). The court examined whether the applicant’s compliance with the conditions of the earlier bail order negated the need for further custodial interrogation. Finding that the applicant had indeed cooperated and was already on bail, the court confirmed the earlier order and made it absolute. Consequently, the anticipatory bail application (No.29 of 2026) was allowed and disposed of.

Issues considered

What is the appropriate relief when the applicant has already been granted bail and has complied with conditions of cooperation with the investigation?
Whether custodial interrogation is necessary despite the applicant’s prior cooperation and bail status.

Subjects

anticipatory bail
bail
Criminal Procedure Code
cooperation with investigation
custodial interrogation

Judgment

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31-ABA-29-2026 (CR).DOC

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

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 29 OF 2026

Somnath Prakash Bhosale …...Applicant
VERSUS
The State Of Maharashtra …...Respondent

_________________________________________________________________

Mr. Jaydeep Mane, for Applicant.
Dr. Ashvini A. Takalkar, APP for the Respondent-State.
Mr. Vaibhav Gaikwad, for the Intervenor / Complainant.
Digitally
signed by
Officer : Mr. P. H. Kundarkar, Pandharpur City Police Station, present.
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.28
21:04:37
_________________________________________________________________
+0530

CORAM : ASHWIN D. BHOBE, J.
DATE : 28th SEPTEMBER, 2026.
P.C.

1. Heard Mr. Jaydeep Mane, learned Advocate for the Applicant,

Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondent – State and Mr.

Vaibhav Gaikwad, learned Advocate for the Intervenor / Complainant.

2. On 13th January, 2026, the following order was passed”

“1. Heard.

2. Issue notice to the Respondent, returnable on 27 th January,
2026.

3. Learned APP waives service of notice for Respondent – State.

Shantanu S. Dhudum
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31-ABA-29-2026 (CR).DOC

4. In the event of arrest of applicant – Somnath Prakash
Bhosale in Crime No.660 of 2025 registered with
Pandharpur City Police Station, District: Solapur (Rural), he
be released on bail on executing P.R. Bond in the sum of
Rs.15,000/- with one surety in the like amount.

5. The Applicant shall attend the concerned police station on
19th January, 2026 to 24th January, 2026 between 10:00 a.m.
to 2:00 p.m. and shall cooperate in investigation.

6. The Applicant shall not tamper with the prosecution
evidence.”

3. On 3rd February, 2026, the following order was passed:

“1. Learned Advocate Mr. Vaibhav Gaikwad submits that he has
instructions to appear on behalf of the informant and he
wants to file an intervention application.

2. Stand over to 17th February, 2026.

3. Interim protection to continue.

4. The applicant shall attend the concerned police station as
and when called by the Investigating Officer and co-
operate in the investigation.”

4. On 10th March, 2026, the following order was passed:

“1. At the request of the parties and by consent, stand over to
26th March, 2026, for hearing.

Shantanu S. Dhudum
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31-ABA-29-2026 (CR).DOC

2. The Applicant is directed to attend the concerned Police
Station on 17th & 18th March, 2026, between 11:00 to
2:00 p.m.

3. Ad-interim relief, if any, granted earlier, to continue till the
next date.”

5. On 15th June, 2026, the following order was passed:

“1. Learned counsel Mr. Jaydeep Mane submits that, by an
interim order passed earlier, the Applicant was directed to
co-operate with the investigation. He further submits that
the Applicant has duly complied with the said directions
and has co-operated with the investigation.

2. Learned APP is directed to obtain appropriate instructions
from the concerned Investigation Officer.

3. Stand over to 6th July, 2026.

4. Interim relief to continue until further orders.”

6. On 21st September, 2026, the following order was passed.

“1. Heard Mr. Jaydeep Mane, learned Advocate for the
Applicant in ABA/29/2026, Mr. Ganesh Khatkale,
learned Advocate for the Applicant in ABA/69/2026,
Dr. Ashvini A. Takalkar, learned A.P.P. for the
Respondents – State in Anticipatory Bail Application
Nos.29 and 71 of 2026, Ms. Shubhangi N. Deshmukh,
learned A.P.P. for Respondent Nos.1 and 2 – State and

Shantanu S. Dhudum
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31-ABA-29-2026 (CR).DOC

Mr. Samrat Hajare, learned Advocate for the
Complainant. None appears on behalf of the Applicant
in ABA/71/2026.

2. Dr. Ashvini A. Takalkar, learned A.P.P. for the
Respondents – State in Anticipatory Bail Application
Nos.29 and 71 of 2026 and Ms. Shubhangi N.
Deshmukh, learned A.P.P. for Respondent Nos.1 and 2 –
State in Anticipatory Bail Application No.69 of 2026,
submit that they require the presence of the
Investigating Officer investigating Crime No.660 of
2025 registered at Pandharpur City Police Station, in
Court and therefore request for time.

3. Dr. Ashvini A.Takalkar and Ms. Shubhangi N.
Deshmukh, learned A.P.Ps. request that these
Applications be listed on Monday, i.e. 28th September,
2026, so that the presence of the Investigating Officer
investigating Crime No.660 of 2025 and/or pursuing
the said crime is secured.

4. At the request of Dr. Ashvini A. Takalkar, learned A.P.P.
for the Respondents – State in Anticipatory Bail
Application Nos.29 and 71 of 2026 and Ms. Shubhangi
N. Deshmukh, learned A.P.P. for Respondent Nos.1 and
2 – State in Anticipatory Bail Application No.69 of
2026, list these matters on 28th September, 2026.

5. Ad-interim relief, if any, granted earlier, to continue till
the next date.

6. If none appears on behalf of the Applicant in
ABA/71/2026 on the next date, the said Application
will be decided by hearing the parties present.”

Shantanu S. Dhudum
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31-ABA-29-2026 (CR).DOC

7. Mr. Jaydeep Mane, learned Advocate for the Applicant, states

that the Applicant (Accused No.3) in Crime No.660 of 2025 has appeared

before the Investigating Officer investigating Crime No.660 of 2025 and

has co-operated with the investigation.

8. Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondent – State,

submits, on instructions from the Investigating Officer, that the Applicant

had appeared before the Investigating Officer and co-operated with the

investigation in Crime No.660 of 2025. She submits that, upon conclusion

of the investigation, a charge-sheet has been filed before the Court of the

learned Judicial Magistrate First Class, Pandharpur, and the same is

registered as R.C.C. No.84 of 2026.

9. Mr. Jaydeep Mane, learned Advocate for the Applicant, on

instructions from the Applicant, states that the Applicant is appearing

before the Court of the learned Judicial Magistrate First Class, Pandharpur,

in R.C.C. No.84 of 2026.

10. Mr. Vaibhav Gaikwad, learned Advocate for the Intervenor /

Complainant, opposes this Application on the ground that custodial

interrogation of the Applicant is required.

11. Considering the aforesaid statements made by Mr. Jaydeep

Mane, learned Advocate for the Applicant and Dr. Ashvini A. Takalkar,

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31-ABA-29-2026 (CR).DOC

learned A.P.P. for the Respondent – State, and the fact that the Applicant

has been on bail since 13th January 2026, which was continued from time

to time, the order dated 13th January 2026 is hereby confirmed and made

absolute in terms of paragraph Nos.4 and 6.

12. Anticipatory Bail Application No.29 of 2026 is allowed and

disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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