SANTOSH NAMDEV JADHAVversusSTATE OF MAHARASHTRA

                                                     13 - ABA - 3129 - 2022.docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION

     CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 3129 OF 2022

Santosh Namdev Jadhav                          … Applicant
            V/s.
State of Maharashtra                           … Respondent

None for the Applicant.
Mr. S. H. Yadav, APP for the State.
D. B. Kurundwade, Police Constable, Khed, Ratnagiri is
present.


                               CORAM      : ASHWIN D. BHOBE, J.

                               DATED      : SEPTEMBER 15, 2026
P.C.:


1.      This Anticipatory Bail Application is of the year 2022 and, as

such, was ordered to be listed on today's “Daily Board” under the

caption “Prioritized Cases”.


2.      This Application is at Serial No.13. When this Application was

called out, neither the Applicant nor the Advocate for the Applicant is

present, either physically or through V.C. mode.


3.      By this Application, the Applicant is seeking pre-arrest bail in

connection with Crime No. 216 of 2022 registered with Khed Police

Station, Ratnagiri.




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4.    On 14th November 2022, the following order was passed:


      “1.     Heard learned Counsel for the applicant and learned APP for State.
      Investigating Officer is present.

      2.      Apprehending arrest in connection with Crime No. 216/2022
      registered with Khed Police Station, Ratnagiri for the offences punishable
      under Sections 409, 420, 465, 468 and 471 of the Indian Penal Code,
      applicant is seeking pre-arrest protection.

      3.     At the outset, learned APP seeks time to file reply. Time granted.

      4.     The subject offence came to be registered on 30 th July, 2022 on the
      complaint filed by the Chief Executive Officer of Khed Municipal Council,
      Ratnagiri.

      5.      A gist of the complaint was that, Mayor of the Municipal Council had
      availed, fuel (diesel) allowance, in excess of the prescribed limit, at the cost
      of the Municipal Council, during the period 1st January, 2020 to 31st
      December, 2020. This irregularity was brought to the notice of the Collector,
      Ratnagiri. He, inturn submitted report to the State Government on 27 th
      August, 2021. It appears, as per the by- laws for C-Grade Municipal Council,
      Mayor is not entitled to maintain and use the private vehicle at the cost of
      Municipal Council. As it appears, requisition for the fuel, could be made, only
      upon verifying logbook of vehicle. However, it was found that the logbooks of
      vehicles used by Mayor, were not maintained. This, irregularity was enquired
      into, and the report was filed to the State Government. It appears from, the
      order dated 11th August, 2022 (whereby pre-arrest protection has been
      granted to the Mayor) that, upon submitting the Enquiry Report, on 7th April
      2022, Minister, Urban Development Department, held, Mayor responsible, for
      the irregularity. Be that as it may, in another enquiry that was conducted in
      January, 2021, the applicant was held responsible for not maintaining the
      logbooks of the vehicles. However, the fact remains, the excess fuel was
      sanctioned to, the official and private vehicles of the Mayor, and for which,
      prima-facie, the requisition slips were issued by the Office of the Mayor.

      6.     In view of above facts, only allegation against the applicant was that,
      he did not maintain the logbook. Nevertheless, the material, prima-facie, does
      not indicate that the applicant misappropriated the property of the Municipal
      Counsel for his own use.

      7.      In consideration of the facts above, let the prosecution file reply
      alongwith the report of the Collector dated 27 th August, 2021 and the
      directions issued by the said Minister, Urban Development Department on 7 th
      April, 2022. Reply to be filed within two weeks from today.




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      8.     In the course of arguments, Mr. Kantharia, learned Counsel for the
      applicant, on instructions submits that the applicant has not been suspended
      and he is working with the Municipal Council till date. It shows, applicant’s
      availability for investigation.

      9.     In consideration of the facts above, a case is made out for granting
      interim pre-arrest protection to the applicant. Thus, the following order :

                                        ORDER

             (i)     In the event of arrest of the applicant in Crime No. 216/2022
             registered with Khed Police Station, Ratnagiri, applicant-Santosh
             Namdev Jadhav, be released on bail on executing P.R. Bond in the sum
             of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or more
             local

             sureties in the like amount.

             (ii)   Applicant shall report to the Investigating Officer on 21 st, 23rd
             and 25th November, 2022 between 11:00 to 1:00 p.m. and thereafter
             as and when called.

             (iii)  Applicant shall furnish her residential address, as well as,
             permanent address and contact details to the Investigating Officer
             on/or before 8th June, 2022.

             (iv)   Applicant shall not tamper with the evidence or attempt to
             influence or contact the complainant, witnesses or any person
             concerned with the case.

      8.     List the application for further consideration on 15th December, 2022.”


5.    Mr. S. H. Yadav, learned APP for the State, on instructions from

the Investigation Officer investigating Crime No. 216 of 2022, states

that after the order dated 14th November 2022, the Applicant has

cooperated with the investigation of Crime No. 216 of 2022. He states

that the investigation is complete and the charge-sheet is filed before

the Magistrate having jurisdiction.


6.    In view of the abovesaid facts, Mr. S. H. Yadav, learned APP,




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submits that this Application be disposed of, as custodial interrogation

of the Applicant is not required.


7.    Notwithstanding the absence of the Applicant/Advocate for the

Applicant, considering the fair stand taken by Mr. S. H. Yadav, learned

APP, in pointing out the subsequent events, this Application is disposed

of by confirming the order dated 14th November 2022 and making the

same absolute in terms of paragraph 9(i) to (iv).


8.    Criminal Anticipatory Bail Application No. 3129 of 2022 is

disposed of.



                                          (ASHWIN D. BHOBE, J.)




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