Bombay High Court

SHIVAJI BAPU SHENDEversusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

The court allowed the anticipatory bail application, confirming the interim order and making it absolute subject to specified conditions.

Summary

Shivaji Bapu Shende applied for anticipatory bail in a case involving offences under sections 420, 406, 409, 467 and 471 read with 34 of the Indian Penal Code. The applicant argued that co‑accused had been granted interim bail in similar applications (ABA Nos. 1967 and 2197 of 2023). The court noted the similarity of circumstances and the need to protect the applicant's liberty pending investigation. It found no breach of any earlier liberty and therefore confirmed the interim bail order, making it absolute with additional reporting and address‑verification conditions. The anticipatory bail was consequently granted, subject to those conditions.

Issues considered

Whether anticipatory bail should be granted to the applicant under the facts of the case
Whether the applicant is similarly situated as co‑accused who received interim bail
Whether the conditions imposed are sufficient to safeguard the investigation and prevent tampering

Legislation cited

Indian Penal Code, 1860 — s. 34, 406, 409, 420, 467, 471

Subjects

anticipatory bail
Indian Penal Code
pre‑arrest bail
liberty
co‑accused
bail conditions
criminal procedure

Judgment

26-ABA-3226-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 3226 OF 2023
Shivaji Bapu Shende … Applicant
Versus
The State of Maharashtra … Respondent
_______________________________________________________________
Mr. Ranjeet Patil i/b Ganesh Bhujbal, Advocate for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 21st September, 2026.
P.C. :

1. Heard Mr. Ranjeet Patil, learned Advocate for the Applicant and

Dr. A. A. Takalkar, learned APP for the Respondent – State.

2. On 10.11.2023, 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. 112 of 2023 registered at Patan police
station for the offences punishable under sections 420, 406, 409,
467 and 471 read with 34 of 2023 of Indian penal Code, 1860.

3. The learned counsel for the applicant at the outset
submits that in two applications i.e. ABA No. 1967 of 2023 and
2197 of 2023 this Court has granted interim protection to the
similarly situated co-accused.

4. The learned APP seeks time to take instructions as the
investigating officer is not present.

5. I have perused the order dated 20th July, 2023 by
which this Court has granted interim bail to Kisan Galave. Prima
facie, the applicant also appears to be similarly circumstanced.
In the circumstances, till the application is heard after providing

Arjun 1
26-ABA-3226-2023.doc

an opportunity to the prosecution, liberty of the applicant
deserves to be protected.

6. In the event of arrest in C.R. No.112 of 2023
registered with Patan police station, the applicant 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.

7. The applicant shall cooperate with the investigation
and attend Patan police station, on 22nd, 23rd and 24th
November, 2023 in between 10 am to 1 pm and, thereafter, as
and when directed.

8. The applicant shall not tamper with the prosecution
evidence and give threat or inducement to first informant, any
of the prosecution witnesses or any person acquainted with the
facts of the case.

Stand over to 5th December, 2023 along with ABA
No. 1967 of 2023 and 2197 of 2023.

3. Mr. Ranjeet Patil, learned Advocate for the Applicant states that

the Applicant has appeared before the Investigating Officer, Patan Police

Station, Satara, investigating Crime No. 112 of 2023. He, on

instructions from the Applicant, states that the Applicant shall appear

before the Investigating Officer as and when required and shall co-

operate with the investigation in Crime No. 112 of 2023.

4. Dr. A. A. Takalkar, learned APP for the Respondent – State, on

instructions from the Investigating Officer, Patan Police Station, Satara,

submits that the Applicant has appeared before the Investigating Officer

and the investigation in Crime No. 112 of 2023, is ongoing.

Arjun 2
26-ABA-3226-2023.doc

5. The interim bail granted to the Applicant is operating since

10.11.2023, the Applicant has appeared before the Investigating Officer,

Patan Police Station and there being no allegations of the Applicant

having breached the liberty granted by this Court, this Application is

allowed by confirming the order dated 10.11.2023 and making the

same absolute in terms of paragraph no. 6 and 8, with the following

additional conditions :-

(a) Applicant shall appear and report to the
Investigating Officer, Patan Police Station, Satara, on
28th, 29th and 30th September, 2026, from 2:00 pm to
5:00 pm and thereafter as and when required by the
Investigating Officer. The Applicant shall cooperate
with the investigation in Crime No. 112 of 2023.

(b) Applicant shall provide the Investigating
Officer, Patan Police Station, Satara, with his
residential address along with proof, his contact
number and must inform the Investigating Officer of
any changes to this information from time to time.

6. Anticipatory Bail Application No. 3226 of 2023 is allowed and

disposed of.

(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.23 Arjun 3
10:16:36
+0530

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