Bombay High Court
LAXMAN SHIVRAM RAWOOLversusSTATE OF MAHARASHTRA AND ORS.
- Disposal
- Allowed
Holding
The Court granted anticipatory bail to the applicant, subject to specified conditions.
Summary
The applicant, Laxman Shivram Rawool, filed an anticipatory bail application in connection with Crime No. 0043/2026 alleging false implication for offences under Sections 3(5), 318(4), 336(2), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023. He relied on earlier anticipatory bail orders granted to co‑accused in Mohan Vidyadhar Keluskar and Omkar Nandkumar Padate cases. The State, through its counsel, indicated that custodial interrogation was not required but the applicant must cooperate with the investigation. The Court, noting the applicant’s willingness to comply and the bail already granted to co‑accused, confirmed the earlier order and granted anticipatory bail subject to a cash bond, sureties and several conditions including regular police station attendance, non‑tampering with evidence and furnishing identity documents. The application was disposed of by granting the bail with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the applicant for the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the applicant’s claim of false implication and the fact that co‑accused have been granted bail justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(2), 336(3), 338, 340(2), 3(5)
Subjects
- anticipatory bail
- false implication
- Bharatiya Nyaya Sanhita
- co‑accused bail
- cooperation with investigation
- bail conditions
Judgment
19-ABA-399-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 399 OF 2026
Laxman Shivram Rawool ...Applicant
Versus
State of Maharashtra And Ors. ...Respondents
__________________________________________________________
Mr. Shrikrishna Ganbavale, a/w Prithviraj Raorane i/b Rajendra
Raorane, Advocate for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
PC Ankush Bajirao Kale, Sindhudurg-Nagari Police Station, is present.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 8th September, 2026.
P.C. :
1. By the present Application, the Applicant has sought for the
following substantive relief in terms of prayer clause (b) :-
(b) This Hon'ble court be pleased to grant anticipatory
bail to the Applicant in the event of his arrest in connection
with C.R. No. 0043/2026 registered at Sindhudurg-nagari
Police Station, Tal. Kudal, Dist. Sindhudurg, for the offences
punishable under Sections 3(5), 318(4), 336(2), 336(3), 338
and 340(2) of the Bharatiya Nyaya Sanhita, 2023, on such
terms and conditions as this Hon'ble Court may deem fit and
proper; and
2. On 27.07.2026, the following order was passed :-
1. Heard.
2. Issue notice to the Respondents, returnable on 3rd August,
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19-ABA-399-2026.doc
2026.
3. Learned APP waives service of notice on behalf of the
Respondent-State.
4. Learned counsel Mr. Shrikrishna Ganbavale for the Applicant
submits that the Applicant is falsely implicated in the present crime.
He relied upon the order of this Court in the case of Mohan Vidyadhar
Keluskar Vs. State of Maharashtra and Ors. dated 20th July, 2026
passed in Anticipatory Bail Application No.363 of 2026 wherein the
other co-accused is also protected by granting anticipatory bail. He
further relied upon on the order of Omkar Nandkumar Padate Vs.
State of Maharashtra and Anr. dated 20/07/2026 passed in
Anticipatory Bail Application No.364 of 2026. He further submits that
the Applicant is also identical situated as the bills raised by the
Applicant are also not paid to him till date and he is a witness in the
inquiry of fraud conducted by the authorities. He is further ready to
abide by any conditions that may be imposed by this Court. Thus
taking into consideration the above submissions and particularly the
fact that other co-accused are already released on anticipatory bail, I
am inclined to pass the following order:
ORDER
A) In the event of arrest of the Applicant Laxman Shivram Rawool,
in connection with Crime No. 0043 of 2026 registered with
Sindhudurg-Nagari Police Station, for the offences punishable under
Sections 3(5), 318(4), 336(2), 336(3), 338 and 340(2) of the
Bharatiya Nyaya Sanhita, 2023 (for short, "BNS"), the Applicant be
released on bail on furnishing PR. Bond in the sum of Rs.50,000/-
(Fifty Thousand Rupees Only), with one or two solvent sureties in the
like amount, on the following conditions:
B) The Applicant shall attend the concerned police station on every
Friday and Saturday between 11:00 a.m. to 2:00 p.m. unil further
orders.
C) The Applicant shall also cooperate with the investigation.
D) The Applicant shall not tamper the prosecution evidence, in any
manner.
E) The Applicant shall submit his Aadhar Card and PAN Card copy
to the Investigating Officer along with mobile numbers and addresses
of two of his near relatives.
5. Needless to say, violation of any of the aforesaid conditions may
entitle the prosecution to seek cancellation of the interim relief herein
above.
6. Stand over to 3rd August, 2026.
Arjun 2
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3. Dr. A. A. Takalkar, learned APP for the Respondent – State, on
instructions from the Investigating Officer, Sindhudurg-Nagari Police
Station, states that the Applicant has appeared before the Investigating
Officer and has cooperated in the investigation in Crime No. 0043 of
2026. She, on instructions from the Investigating Officer, states that the
custodial interrogation of the Applicant, in Crime No. 0043 of 2026, is
not required. She however submits that the Applicant should appear
before the Investigating Officer as and when required.
4. Mr. Shrikrishna Ganbavale, learned Advocate for the Applicant,
states that the Applicant shall appear before the Investigating Officer,
Sindhudurg-Nagari Police Station, as and when required and co-operate
with the investigation in Crime No. 0043 of 2026.
5. In view of the statement made by Dr. A. A. Takalkar, learned APP
for the Respondent – State, on instructions from the Investigating
Officer that the custodial interrogation of the Applicant is not required
in Crime No. 0043 of 2026, this Application is allowed by confirming
the order dated 27.07.2026 and making the same absolute in terms of
conditions mentioned in paragraph no. 4(A), (C), (D) and (E) with the
following additional condition:
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19-ABA-399-2026.doc
(F) The Applicant shall appear and report to the
Investigating Officer, Sindhudurg-Nagari Police
Station, as and when required and co-operate with the
investigation in Crime No. 0043 of 2026.
6. Anticipatory Bail Application No. 399 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
ARJUN
KRISHNA
RODGE
Digitally signed by
ARJUN KRISHNA
RODGE
Date: 2026.09.09
20:11:09 +0530
Arjun 4
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