Bombay High Court
HARI DHONDIRAM SHIRTODE AND ANRversusSTATE OF MAHARASHTRA
- Disposal
- Dismissed
Holding
The anticipatory bail application was dismissed because the applicants willfully breached the court’s conditions.
Summary
The High Court considered an anticipatory bail application filed by Hari Dhondiram Shirtode & Anr. The applicants were ordered to appear before the investigating officer on several dates, but allegedly failed to do so, constituting a breach of the bail conditions. The State argued that the applicants showed no respect for the court's order and were involved in a large‑scale fraud affecting investors. The applicants' counsel could not account for their whereabouts or explain the non‑compliance. The Court held that such willful breach warranted no indulgence and dismissed the anticipatory bail application. Consequently, the related interim application was also disposed of.
Issues considered
- Whether anticipatory bail can be dismissed for willful breach of the conditions imposed by the court, specifically failure to appear before the investigating officer.
Subjects
- anticipatory bail
- breach of bail conditions
- custodial interrogation
- money fraud
- investor protection
- criminal procedure
Judgment
5-ABA-616-2024 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 616 OF 2024
Hari Dhondiram Shirtode & Anr. …........Applicants
Versus
State of Maharashtra ….......Respondent
WITH
CRI-INTERIM APPLICATION NO. 632 OF 2025
IN
CR. ANTICIPATORY BAIL APPLN. NO. 616 OF 2024
Dilip Raghunath Sutar & Ors. …........Intervenors
Versus
State of Maharashtra ….......Respondent
——————
Mr. Ramanik P. Pawar for Applicants.
Mr. C.D. Mali, A.P.P. for Respondent-State.
Officer : M. Sangram Shevale, P.I., Shahupuri Police Station, Satara, present.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 21st September 2026.
PER COURT :
1. Heard Mr. Ramanik Pawar, learned Advocate for the Applicants and Mr.
Mali, learned A.P.P. for the Respondent-State.
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5-ABA-616-2024 (CR).docx
2. Mr. Mali, learned A.P.P. for the Respondent-State, refers to the order
dated 2nd September 2026 passed in Anticipatory Bail Application No. 616 of
2024 and submits that despite the said order, the Applicants have committed
willful breach of the same. He submits that since inception there is no
cooperation from the Applicants. He submits that vide order dated 2 nd
September 2026 the Applicants were directed to appear before the
Investigating Officer on 7th, 8th, 9th, 10th and 11th September 2026, from 10.00
a.m. to 1.00 p.m. and co-operate with the investigation. He submits that the
order dated 2nd September 2026 has been breached by the Applicants. He
therefore submits that the party who has no respect for orders passed by the
Court should not be shown any indulgence, that too of a pre-arrest bail. He
insists for dismissal of the Application.
3. Mr. Ramanik Pawar, learned Advocate for the Applicants submits that
the order dated 2nd September 2026 is not complied with by the Applicants.
He states that the whereabouts of the Applicants are not known, as they have
not been in contact with him.
4. In view of the breach committed by the Applicants of the order dated
2nd September 2026, in failing to appear before the Investigating Officer,
Shahupuri Police Station, Satara, the Applicants do not deserve any
indulgence. No reasons are offered by the Applicant for not complying with
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the order dated 2nd September 2026.
5. Mr. Mali, learned A.P.P. for the Respondent-State submits that the
custodial interrogation of the Applicants is required for investigation of the
crime, which involves money of a large number of investors. He submits that
the Applicants have cheated gullible investors of their hard earned money.
6. In view of the above, the Applicants deserve no indulgence.
Anticipatory Bail Application No. 616 of 2024 is therefore dismissed.
7. In view of disposal of Anticipatory Bail Application No. 616 of 2024,
Interim Application No. 632 of 2025 is also disposed of.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.21
21:05:55
+0530
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