Bombay High Court
ANIL SHIVAJIRAO BHOSALEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court modified bail condition (b), replacing it with a monthly reporting requirement, and allowed the interim application.
Summary
The applicant, Anil Shivajirao Bhosale, a director of a cooperative bank and former legislator, sought modification of clause (b) in the bail order dated 19.08.2024, which required him to report to the police station. The State, through Prosecutor Ms. Rajeshree V. Newton, opposed the relaxation, fearing the applicant might interfere with the investigation, tamper with witnesses, or influence evidence. The court examined the extensive attachment of the applicant's property and the risk factors raised by the prosecution. Considering the applicant's residence in Pune and the lack of concrete evidence of imminent tampering, the court deemed a modification appropriate. It deleted the original clause (b) and substituted it with a requirement for the applicant to report monthly on the first Sunday between 08:00 and 10:00 a.m. The court also warned that the prosecution could seek revocation of the modification if new evidence of interference emerged. The interim application was therefore allowed.
Issues considered
- Whether the bail condition requiring the applicant to report to the police station can be relaxed in view of alleged risks of interference with the investigation and witness tampering.
- Whether the court may modify bail conditions on an interim application without compromising the interests of justice.
Subjects
- bail
- interim application
- modification of bail conditions
- witness tampering
- investigation interference
- cooperative bank director
- property attachment
- ex-legislator
Judgment
41.IA.1648.2025.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1648 OF 2025
IN
BAIL APPLICATION NO. 653 OF 2023
Anil Shivajirao Bhosale .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Niranjan Mundargi a/w. Mr. Chandansingh Shekhawat and Ms.
Samruddhi Bendbhar, Advocates i/by Parinam Law Associates for
Applicant.
Ms. Rajeshree V. Newton, APP for Respondent – State.
PI – Mr. Kailas Kare, EOW Pune City present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 07, 2026.
P.C.:
1. Heard Mr. Mundargi, learned Advocate for Applicant and
Ms. Newton, learned APP for Respondent – State.
2. The present Interim Application seeks modification of
condition clause (b) as contained in the bail order dated 19.08.2024
which is one of the bail conditions set out at page No.42 of the
Application.
3. Learned Advocate for Applicant persuades me to consider the
submissions noted in paragraph No.6 of the bail order at page No.18. I
have perused the same. Prima facie, what is argued before me is that
notwithstanding the fact that a humongous amount has been recovered
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41.IA.1648.2025.doc
by way of attachment of substantial property, details of which are all
stated in the said paragraph, the concerned bail condition be therefore
relaxed.
4. Applicant hails from Pune. I have considered the objections
raised by Ms. Newton, who draws my attention to the Affidavit-in-reply
dated 05.02.2026, copy of which is appended at page No.105. She has
argued that there is every likelihood that in view of the Applicant being
a Director of the concerned Co-operative Bank and being an ex-
legislator, there is every possibility that he will interfere with the
investigation and the possibility of his threatening or tampering with
witnesses and evidence. She would vehemently submit that since the
Applicant is the protagonist in the present matter, it would be
appropriate to continue the said bail condition which was imposed by
the Court by a well reasoned order in the interest of justice.
5. I have considered the request made by the Applicant and
also the submissions made by Ms. Newton in support of her objections
to the present Interim Application.
6. Prima facie, it is seen that this Court while granting bail has
considered the entire outlay of the funds which have been alleged to
have been transferred or diverted or classified as NP accounts by the
Applicant in extensive detail. This Court has also considered the
property belonging to the Applicant having been attached as also the
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41.IA.1648.2025.doc
one time settlement which was negotiated with the concerned account
holders, who may be the primary Complainants. Having perused the
said submissions recorded in paragraph No.6, in my opinion, at this
stage, when the Applicant has sought relaxation of the bail condition
(b) and considering the fact that the Applicant is hailing from Pune
itself, I am inclined to consider the request made by the Applicant.
7. Needless to state that if any of the apprehensions expressed
by Ms. Newton, the learned Prosecutor as stated in the Affidavit-in-
Reply dated 05.02.2026 are found to be true, the prosecution would be
at liberty to immediately seek revocation of the aforesaid modification
of the bail condition by giving appropriate and cogent reasons and
placing on record evidence to that effect.
8. In view of the above, clause (b) in the bail order dated
19.08.2024 stands deleted and replaced as under:-
“Applicant is directed to report to Shivaji Nagar Police
Station, once every month on the first Sunday of the month
between 08:00 a.m. to 10:00 a.m. in the morning.
9. Interim Application is allowed and disposed in the above
terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
TRAMBAK
AJAY UGALMUGALE
TRAMBAK
UGALMUGALE Date:
2026.09.07
20:32:38
+0530
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