Bombay High Court

SHASHIKANT SITARAM KAMBLEversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Dismissed
Bench: VRUSHALI V JOSHI

Holding

Anticipatory bail cannot be granted or cancelled where no crime has been registered, and the application was dismissed.

Summary

The appellant, Shashikant Sitaram Kamble, appealed to the Bombay High Court seeking cancellation of an anticipatory bail order granted by the Additional Sessions Judge, Sangli. The appellant argued that no crime had been registered and the dispute between the parties had been settled, rendering the anticipatory bail unnecessary. The respondents contended that an agreement had been reached and no FIR was filed, supporting the view that the anticipatory bail application lacked merit. The Court observed that anticipatory bail is premised on the existence of a cognizable offence and cannot be entertained where no crime is registered. Consequently, the Court dismissed the appellant's application for cancellation, effectively upholding the status quo.

Issues considered

Whether anticipatory bail can be granted or cancelled when no FIR or cognizable offence is registered
Whether the settlement of a dispute between parties negates the necessity of anticipatory bail

Subjects

anticipatory bail
cancellation
no FIR
settlement of dispute
criminal procedure

Judgment

                                                     15-APEAL-840-2025.doc

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
                         APPEAL NO.840 OF 2025
Shashikant Sitaram Kamble                  …..Appellant
     Vs.
The State Of Maharashtra & Ors             …..Respondents

None for the Appellant.
Mr. Prashant Bandgar, for Respondent Nos.2 and 3.
Mr. Shrikant H. Yadav, APP, for the Respondent-State.
Mr. R. R. Gosavi, Kavthemahakal, Police Station.

                               CORAM : MRS. VRUSHALI V. JOSHI, J.
                                 DATED : 17th FEBRUARY 2026
P.C.:-

1.       The Appellant has filed the present Appeal seeking cancellation

of anticipatory bail allegedly granted by the learned Additional

Sessions Judge, Sangli. The learned APP has brought to the notice of

this Court that no crime has been registered in the present case.

Without registration of any crime, the question of granting

anticipatory bail does not arise. The learned APP, on instructions, has

further submitted that though a complaint was filed, the dispute has

been settled between the parties.


2.       The learned counsel appearing for the Respondent is present



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                                                 15-APEAL-840-2025.doc

and has also submitted that an agreement has taken place between

the parties and that no FIR has been registered. In these

circumstances, the present Application has no merit. Hence, the

Application stands dismissed.




                                (MRS. VRUSHALI V. JOSHI, J.)




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