Bombay High Court
ATUL BAPU KAMBLEversusTHE STATE OF MAHARASHTRA
- Disposal
- Dismissed
Holding
The anticipatory bail application was dismissed for non‑prosecution due to the applicant’s and counsel’s failure to appear.
Summary
The applicant, Atul Bapu Kamble, filed an anticipatory bail application under Section 438 of the Criminal Procedure Code, 1973, fearing arrest in a 2021 case registered at Mohol Police Station. The application, originally listed in March 2023, was repeatedly adjourned and finally listed on 30 September 2026. On the scheduled date, neither the applicant nor his counsel, Mr. P. R. Yadav, appeared before the court, either in person or via video conference. The State’s counsel, Mr. S. S. Chaudhari, moved for dismissal on the ground of non‑appearance and the lack of any interim order. The bench, noting the applicant’s failure to appear despite being called, exercised its discretion to dismiss the anticipatory bail application for non‑prosecution. Consequently, the application was dismissed without any order granting bail.
Issues considered
- Whether an anticipatory bail application under Section 438 CrPC can be dismissed on account of the applicant’s and counsel’s non‑appearance.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438
- non‑appearance
- dismissal
- Criminal Procedure Code
Judgment
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4-ABA-876-2023 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 876 OF 2023
Atul Bapu Kamble …...Applicant
VERSUS
The State Of Maharashtra …...Respondent
_________________________________________________________________
None for Applicant.
Mr. S. S. Chaudhari, A.P.P., for the Respondent-State.
ASI, Mr. S. K. Gaikwad, Mohol Police Station, District Solapur, present.
_________________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 5th OCTOBER, 2026.
P.C.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.10.05
1. By the present Application filed under Section 438 of the Code of
17:17:47
+0530
Criminal Procedure, 1973 (for short, “Cr.P.C.”), the Applicant has sought
pre-arrest bail apprehending arrest in Crime No. 0861 of 2021 registered at
Mohol Police Station, Mohol, District Solapur.
2. Perusal of the record indicates that this matter was listed on 27th
March 2023 and adjourned to 3rd April 2023. Thereafter, the matter was
listed on 30th September 2026. On 30th September 2026, the following
order was passed:
“1. This Application is today listed under the caption
“Prioritized Cases” Names of the Applicant / Advocate
for the Applicant were called out by the Shirestedar .
None were present, either physically or through VC
mode.
Shantanu S. Dhudum
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4-ABA-876-2023 (CR).DOC
2. This Application is of the year 2023, to afford an
opportunity to the Applicant / Advocate for the
Applicant to appear and argue the case, list this
Application on 05/10/2026, under the caption “For
Disposal”.”
3. Today, this matter is listed at Serial No. 4 on the Daily Cause List.
When this Application was called out, neither the Applicant nor the
Advocate for the Applicant was present, either physically or through V.C.
mode. The names of the Advocate on record, Mr. P. R. Yadav, and the
Applicant, Atul Bapu Kamble, were called out by the Court Sheristedar.
However, none appeared.
4. In view of the absence of the Applicant and the Advocate for the
Applicant, Mr. S. S. Chaudhari, learned A.P.P. for the Respondent–State,
insists upon dismissal of this Application. He further submits that although
this Application was filed in March 2023, no interim order has been
passed.
5. In view of the absence of the Applicant and the Advocate for the
Applicant, this Court is left with no alternative but to accept the request
made by Mr. S. S. Chaudhari, learned A.P.P. for the Respondent–State.
Anticipatory Bail Application No. 876 of 2023 is, accordingly, dismissed for
non-prosecution.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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