JAYWANT TULSHIRAM BHANDAREversusTHE STATE OF MAHARASHTRA AND ORS.

                                                                                    911 - ABA - 357 - 2026.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
RAMESH
                                        CRIMINAL APPELLATE JURISDICTION
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.11
15:32:57 +0530              CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 357 OF 2026

                      Jaywant Tulshiram Bhandare                              … Applicant
                                   V/s.
                      The State of Maharashtra & Ors.                         … Respondents

                      Mr. Samir Kumbhakoni (through V.C.) for the Applicant.
                      Mr. Shriram S. Chaudhari, APP for the State.



                                                         CORAM         : ASHWIN D. BHOBE, J.

                                                         DATED         : SEPTEMBER 11, 2026
                      P.C.:


                      1.      Heard Mr. Samir Kumbhakoni, learned Advocate for the

                      Applicant, and Mr. Shriram S. Chaudhari, learned APP for the State.


                      2.      By this Application, the Applicant has sought the following

                      substantive relief:


                              “b.   In the event of arrest this Hon’ble Court, be pleased to
                              grant the Applicants, Anticipatory Bail in respect of the offence
                              punishable u/s 351(2), 339, 338, 331(1) of Bhartiya Nyaya
                              Sanhita Registered with Pandharpur City Police Station on
                              09/01/2026 at C.R. No.9 of 2026;”

                      3.      On 10th July 2026, the following order was passed:


                              “1.   Issue notice to the Respondents, returnable on 30.07.2026. Learned
                              APP waives service of notice for Respondents/State.

                              2.       The learned Counsel for the Applicant submits that the Applicant is
                              falsely implicated in the present crime. There is nothing to be recovered from
                              the Applicant. Apprehending arrest, the Applicant approached the learned




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      Sessions Judge. By an interim order dated 25.03.2026, passed during the
      pendency of the Bail Application, the learned Sessions Judge granted interim
      protection to the Applicant, which continued to operate till the disposal of the
      Bail Application. The learned Counsel further submits that the Applicant is 75
      years of age, has deep roots in society, and is not a flight risk. The Applicant
      has cooperated with the investigation pursuant to the interim protection
      granted by the learned Sessions Judge. The Applicant is further ready to abide
      by any conditions that may be imposed by this Court.

      3.      Taking into consideration the aforesaid submissions, I am inclined to
      protect the Applicant until the investigation papers are received, subject to
      certain conditions. Hence the following order :

                                           ORDER

      (a)    In the event of arrest of the Applicant - Jaywant Tulshiram Bhandare
      in connection with Crime No.9/2026 registered with Pandharpur City Police
      Station, District Solapur Gramin for the offences punishable under Sections
      351(2), 339, 338, 331(1) of the Bharatiya Nyaya Sanhita, 2023, he be
      released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty
      Thousands) with two solvent sureties in the like amount, on the following
      conditions :

      (b)     The Applicant is directed to attend Pandharpur City Police Station,
      District Solapur Gramin on every Saturday between 11:00 am. to 02:00 pm.
      and co-operate with the Investigating Officer until further orders.

      (c)    The Applicant shall not tamper with the evidence and shall not
      pressurize the prosecution witnesses, in any manner.

      (d)     The Investigating Officer shall make the investigation papers available
      for perusal of this Court.

      4.      Needless to say, violation of any of the aforesaid conditions may
      entitle the prosecution to seek vacation of the interim relief granted herein
      above.

      5.     Stand over to 30.07.2026.”

4.    On 17th August 2026, the following order was passed:


      “1.    On 14th August 2026, the following order was passed :-
             “1.    When this Application was called out, none appears for the
             Applicant either physically in the Court or through V.C..
             2.     Mr. Shrikant Yadav, learned A.P.P. for the Respondent-State
             submits that the Applicant has not supplied spare copies of the paper-
             book and as such, the notice is not issued to the Respondent No.3. He
             therefore insists dismissal of the Application.
             3.     In view of the absence of the Advocate for the Applicant, as a



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             matter of indulgence, list this matter on 17 th August 2026, under the
             caption 'For Dismissal'.”

      2.     Today Mr. Samir Kumbhakoni, learned Advocate for the Applicant
      appears and requests for extension of time to furnish the spare copies of the
      paper-book.

      3.     Though there is a default in compliance with the order dated 10 th July
      2026, however at the request of Mr. Samir Kumbhakoni, time to furnish the
      spare copies is extended upto 21st August 2026.

      4.     If the spare copies are furnished on or before 21 st August 2026,
      Registry to issue fresh notice to the Respondent No.3, returnable on 7 th
      September 2026.

      5.     Interim relief, granted earlier, to continue till the next date of
      hearing.”



5.    On 7th September 2026, the following order was passed:


      “1.    This Anticipatory Bail Application is listed as Sr. No. 28 on the ‘Daily
      Cause-List’. When this Application was called out in the morning session,
      Advocate Mr. Ismail Kadage appeared and stated that he had instructions to
      appear on behalf of Respondent No. 3. At his request, this Application was
      kept back post lunch and taken up at 3:15 p.m.

      2.      At 3:15 p.m., when this Application was called out, the Sheristadar
      called out the names of Respondent No. 3 and Advocate Mr. Ismail Kadage.
      Neither the Respondent No.3 nor Advocate Mr. Ismail Kadage is present either
      physically in the Court or through V.C. mode.

      3.    Mr. Samir Kumbhakoni (Through V.C.) for the Applicant and Mr. S.S.
      Chaudhari, A.P.P. for the Respondent Nos.1 & 2-State present.

      4.     To afford an opportunity to the Respondent No.3 and also Advocate
      Mr. Ismail Kadage, to appear in this Application, list this Application on 11 th
      September 2026.

      5.     It is clarified that, in the event Respondent No. 3 or Advocate Mr.
      Ismail Kadage does not appear on the next date, this Application would be
      disposed of after hearing the parties present.

      6.     Interim Order, if any, to continue till the next date.”



6.    Today, when the names of Respondent No. 3, Raju Anil Pawar,




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and Advocate Mr. Ismail Kadage were called out by the Court

Sheristedar, neither of them is present, either physically or through V.C.

mode.


7.      Mr. Samir Kumbhakoni, learned Advocate for the Applicant, states

that the Applicant has appeared before the Investigating Officer and has

co-operated with the investigation in Crime No. 9 of 2026.


8.      Mr. Shriram S. Chaudhari, learned APP for the State, submits that

the Applicant has appeared and co-operated with the investigation in

Crime No.9 of 2026. He, on instructions from the Investigation Officer,

states that the charge sheet has been filed in the present crime. He

submits that the custodial interrogation of the Applicant is not required

in Crime No.9 of 2026.


9.      In view of the above, the order dated 10th July 2026 passed by

this Court is confirmed and made absolute in terms of condition Nos.

3(a) and (c), with the following additional conditions:


        (a)   The Applicant shall appear before the Investigating Officer,

        Pandharpur City Police Station, District Solapur (Rural), on the

        second and fourth Monday of each month, and/or on any date

        the Investigating Officer may require the presence of the

        Applicant.


        (b)   The Applicant shall provide the Investigating Officer,



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      Pandharpur City Police Station, District Solapur (Rural), 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.


10.   Anticipatory Bail Application No.357 of 2026 is allowed and

disposed of.



                                          (ASHWIN D. BHOBE, J.)




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