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Bombay High Court

SURAJ ANKUSH AVGHADEversusSTATE OF MAHARASHTRA AND ORS.

Disposal
Allowed

Holding

The Court confirmed the interim order of 30 September 2024, making it absolute subject to the condition of the applicant’s appearance on each listed date of the appeal.

Summary

The applicant, Suraj Ankush Avghade, had been granted ad‑interim relief and temporary bail by an order dated 30 September 2024. The applicant’s counsel affirmed that the bail remained in force, and the respondents did not contest this statement. The Court noted that the interim order had been operating in the applicant’s favour since its issuance and that the criminal appeal was admitted on the same date. Accordingly, the Court allowed the interim application, confirming the 30 September 2024 order and making it absolute, subject to the condition that the applicant appear before the Court on every date the appeal is listed. The interim application was thereafter disposed of.

Issues considered

  • Whether the interim order granting temporary bail dated 30 September 2024 should be confirmed and made absolute?
  • Whether the applicant must be required to appear before the Court on each date the criminal appeal is listed?

Subjects

  • temporary bail
  • interim relief
  • criminal appeal
  • confirmation of order
  • court appearance condition

Judgment

                                                                         911 - CRI IA - 3861 - 2024.docx



VAIBHAV
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAMESH
JADHAV                                   CIRCUIT BENCH AT KOLHAPUR
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.02
19:34:19 +0530
                                       CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL INTERIM APPLICATION NO. 3861 OF 2024
                                                     IN
                                      CRIMINAL APPEAL NO.1054 OF 2024

                      Suraj Ankush Avghade                            … Applicant
                                   V/s.
                      The State of Maharashtra & Ors.                 … Respondents

                      Mr. Vaibhav R. Gaikwad with Mr. S. Hajare and Mr Suraj S.
                      Bhosale for the Applicant.
                      Mr. Shrikant H. Yadav, APP for the State.
                      Mr. Harshvardhan Patil h/f Mr. Thorat for Respondent Nos.
                      2 and 3.
                      Mr. Dnyaneshwar Arjun Tingare, Police Constable, Aundh
                      Police Station, is present.



                                                    CORAM         : ASHWIN D. BHOBE, J.

                                                    DATED         : SEPTEMBER 2, 2026
                      P.C.:


                      1.      Mr. Vaibhav Gaikwad, learned Advocate for the Applicant, states

                      that the Applicant was granted ad-interim relief by order dated 30th

                      September 2024 and that the Applicant was released on temporary bail.

                      He submits that the Applicant continues to be on temporary bail as on

                      date.


                      2.      Mr. Harshvardhan Patil, learned Advocate for Respondent Nos. 2

                      and 3, and Mr. Shrikant H. Yadav, learned APP for the State, do not

                      contest the statement made by Mr. Vaibhav Gaikwad, learned Advocate



                      VRJ                                                                             1
                                                  911 - CRI IA - 3861 - 2024.docx


for the Applicant.


3.     Considering the fact that the interim order has been operating in

favour of the Applicant since 30th September 2024 and that the Appeal

was admitted on 30th September 2024, this Application is allowed by

confirming the order dated 30th September 2024 and making this

Application absolute in terms of prayer clause (b), subject to the

following condition:


       (a) The Applicant shall appear before this Court on each and

every date when Criminal Appeal No. 1054 of 2024 is listed on the

cause list.


4.     Interim Application No. 3861 of 2024 is disposed of.




                                          (ASHWIN D. BHOBE, J.)




VRJ                                                                            2


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