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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

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
                                                2/2
                                                                    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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