Bombay High Court

PRATHAMESH SHAM PATILversusSTATE OF MAHARASHTRA

Decided: 16 September 2026
Disposal: Disposed Off

Holding

The proclamation dated 15 October 2025 is quashed and set aside.

Summary

Arjun Vitthal Kudhekar challenged a proclamation order dated 15 October 2025 that declared him absconding. He had earlier applied for anticipatory bail, which was rejected by the Sessions Court and a Single Judge of the High Court. The applicant appealed to the Supreme Court, which granted anticipatory bail on 10 March 2026 in SLP (Crl.) No.19748‑19749 of 2025. After the charge‑sheet was filed, the applicant began attending trial. The High Court, noting the Supreme Court’s bail order, quashed the proclamation and set it aside, disposing of the criminal application.

Issues considered

What is the effect of a Supreme Court order granting anticipatory bail on a lower court proclamation declaring the accused absconding?

Subjects

anticipatory bail
proclamation
absconding
Supreme Court order
criminal application
High Court

Judgment

                                                                       34-APL-1427-2025.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
                                   CRIMINAL APPLICATION NO.1427 OF 2025
ARJUN
VITTHAL               Prathamesh Sham Patil                              …Applicant
KUDHEKAR
                            Versus
Digitally signed by
ARJUN VITTHAL
KUDHEKAR
                      The State of Maharashtra                           …Respondent
Date: 2026.09.17
12:47:18 +0530


                      Mr. Akshay Bankapur i/b Nishant D. Mokal, for the Applicant.
                      Mr. P. P. Jadhav, APP, for the Respondent-State.


                                            CORAM:      MADHAV J. JAMDAR, J.
                                            DATED:      16 SEPTEMBER 2026
                      PC:-

                      1.      Heard Mr. Bankapur, learned Counsel appearing for the

                      Applicant and Mr. Jadhav, learned APP, for the Respondent-State of

                      Maharashtra.

                      2.      By this Criminal Application, the challenge is to the Order

                      dated 15th October 2025 issuing proclamation, as the Applicant

                      was absconding.

                      3.      However, Mr. Bankapur, learned Counsel for the Applicant,

                      states that, in the meanwhile, the Order rejecting Anticipatory Bail

                      Application passed by the learned Sessions Court as also by a

                      learned Single Judge of this Court has been challenged in the

                      Supreme Court and the Supreme Court has granted anticipatory

                      bail to the Applicant by Order dated 10th March 2026 passed in




                                                      Page 1
                      Arjun
                                                  34-APL-1427-2025.DOC




Special Leave Petition (Crl.) No.19748-19749 of 2025. Learned

Counsel submits that now the Charge-sheet has also been filed and

the Applicant is attending the trial.


4.      In these circumstances, the Order issuing proclamation

dated 15th October 2025, is quashed and set aside, as the Supreme

Court, by Order dated 10th March 2026 passed in Special Leave

Petition   (Crl.)   No(s).19748-19749     of   2025,   has   granted

anticipatory bail to the Applicant.


5.      The Criminal Application is disposed of in above terms.




                                          [MADHAV J. JAMDAR, J.]




                                 Page 2
Arjun

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