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Bombay High Court

MAHESH BABAN SHENDEKARversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

The court confirmed the interim bail order and made it absolute, granting anticipatory bail to the applicant.

Summary

Mahesh Baban Shendekar applied for anticipatory bail in connection with Crime No.660 of 2025. An interim bail order was issued on 4 February 2026, requiring him to cooperate with the investigation and attend the police station on specified dates. The applicant appeared before the investigating officer, fully cooperated, and the investigation was completed, resulting in a charge‑sheet filed as RCC No.84 of 2026 before the Judicial Magistrate. The intervenor opposed the application, seeking custodial interrogation, but the court noted the applicant’s compliance and the pending trial. Consequently, the court confirmed the interim bail order as absolute, allowing the anticipatory bail application.

Issues considered

  • Whether the anticipatory bail granted on 4 February 2026 should be converted into absolute bail given the applicant's cooperation and the completion of investigation.

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • interim bail
  • cooperation with investigation
  • charge sheet
  • bail conditions

Judgment

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                                                                                 31-ABA-69-2026 (CR).DOC


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR

                                            CRIMINAL APPELLATE JURISDICTION

                                      CR. ANTICIPATORY BAIL APPLN. NO. 69 OF 2026

                        Mahesh Baban Shendekar                                   …........Applicant
                              VERSUS
                        State Of Maharashtra And Anr.                           ….......Respondents

                        _________________________________________________________________

                        Mr. Ganesh M. Khatkale, for Applicant.
                        Dr. Ashvini A. Takalkar, A.P.P., for Respondent-State.
                        Mr. Vaibhav Gaikwad, for the Intervenor / Complainant.
                        Officer: Mr. P. H. Kundarkar, Pandharpur City Police Station, present.
         Digitally
                        _________________________________________________________________
         signed by
         SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
         2026.09.28
         21:04:36
         +0530
                                             CORAM       :   ASHWIN D. BHOBE, J.
                                             DATE        :   28th SEPTEMBER, 2026.
                        P.C.


                        1.           Heard Mr. Ganesh M. Khatkale, learned Advocate for the

                        Applicant, Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and

                        2 – State and Mr. Vaibhav Gaikwad, learned Advocate for the Intervenor /

                        Complainant.


                        2.          On 4th February, 2026, the following order was passed :


                               “1. Heard. Issue notice to the respondents, returnable on 18 th
                                    February, 2026.

                               2. Learned APP waives notice on behalf of the respondent
                                    no.1 – State.




               Shantanu S. Dhudum
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                                                                  31-ABA-69-2026 (CR).DOC


                3. Learned advocate Mr. Vaibhav Gaikwad submits that he
                     has instructions to appear on behalf of the informant.

                4. In the event of arrest of applicant Mahesh Baban
                     Shendekar in connection with C.R. No.660 of 2025
                     registered with Pandharpur City Police Station, District
                     Solapur, he shall be released on bail on executing P.R.
                     Bond in the sum of Rs.15,000/- with one surety in the
                     like amount.

                5. The applicant shall attend the concerned police station
                     from 7th February, 2026 to 13th February, 2026 between
                     10.00 a.m. to 2.00 p.m. and shall co-operate in the
                     investigation.”



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


                “1. At the request of the parties and by consent, stand over
                     to 26th March, 2026, for hearing.

                2. The Applicant is directed to attend the concerned Police
                     Station on 17th & 18th March, 2026, between 11:00 a.m.
                     to 2:00 p.m.

                3. Ad-interim relief, if any, granted earlier, to continue till
                     the next date.”



         4.          On 8th April, 2026, the following order was passed:


                “1. Stand over to 18th April, 2026.

                2. Ad-interim relief, if any, granted earlier, to continue till
                     the next date.”

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                                                                  31-ABA-69-2026 (CR).DOC




         5.          On 15th June, 2026, the following order was passed:


                “1. Record indicates that the interim relief has been
                     operating since 4th February, 2026. There is no report of
                     any breach of violation of the conditions imposed by this
                     Court. According, the interim relief granted earlier shall
                     continue until further orders.


                2. Stand over to 6th July, 2026.”



         6.          Mr. Ganesh M. Khatkale, learned Advocate for the Applicant,

         submits that the Applicant (Accused No.2) in Crime No.660 of 2025 has

         appeared before the Investigating Officer and co-operated with the

         investigation in Crime No.660 of 2025. He submits that the investigation is

         complete.


         7.          Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondent – State,

         on instructions from the Investigating Officer, submits that the Applicant

         had appeared before the Investigating Officer and co-operated with the

         investigation in Crime No.660 of 2025. She submits that, upon completion

         of the investigation, the charge-sheet has been filed before the Court of the

         learned Judicial Magistrate First Class, Pandharpur, and the same is

         registered as R.C.C. No.84 of 2026.


         8.          Mr. Ganesh M. Khatkale, learned Advocate for the Applicant, on

         instructions from the Applicant, states that the Applicant is appearing

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                                                                31-ABA-69-2026 (CR).DOC


         before the Court of the learned Judicial Magistrate First Class, Pandharpur,

         in R.C.C. No.84 of 2026.


         9.          Mr. Vaibhav Gaikwad, learned Advocate for the Intervenor /

         Complainant, opposes this Application and submits that custodial

         interrogation of the Applicant is required.


         10.         Considering the aforesaid statements made by Mr. Ganesh M.

         Khatkale, learned Advocate for the Applicant and Dr. Ashvini A. Takalkar,

         learned A.P.P. for the Respondent – State, that the Applicant has appeared

         before the Investigating Officer and has co-operated with the investigation

         in Crime No.660 of 2025, that the investigation is complete that the

         charge-sheet has been filed which is registered as R.C.C. No.84 of 2026

         and is pending before the Court of the learned Judicial Magistrate First

         Class, Pandharpur, and further considering that the Applicant has been on

         interim bail since 4th February 2026, the said order dated 4th February

         2026 is hereby confirmed and made absolute in terms of paragraph No.4.


         11.         Anticipatory Bail Application No.69 of 2026 is allowed and

         disposed of.




                                                       ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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