Bombay High Court
APPLN/19/2025 of STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER, POLICE STATION TUMSAR DIST. BHANDARA Vs RADHESHYAM HARILAL BANDHE on 13 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPLN) NO. 19 OF 2025
State of Maharashtra thr. PSO PS Tumsar, Dist. Bhandara
Vs
Radheshyam Harilal Bandhe
Office Notes, Office Memoranda of
Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Mr. G.S. Umale, APP for applicant/State.
Mr. I.S. Ghagarkar, counsel for non-applicant.
CORAM
: Y.G. KHOBRAGADE J.
DATE
: 13/10/2026.
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1. Heard learned counsel appearing for the respective parties.
2. By the present application, the prosecution seeks cancellation of the anticipatory bail granted to the non-applicant by this Court on 28/03/2024 in Criminal Application (ABA) No. 159 of 2024. The application is filed on the ground that, despite being directed to attend the concerned police station once a week, i.e., every Monday between 10:00 a.m. and 1:00 p.m., and to cooperate with the investigating agency, the non- applicant/accused failed to appear before the investigating officer on 02/12/2024, 09/12/2024, 16/12/2024 and 23/12/2024, therefore investigation is not completed. The non- applicant has filed reply opposing the application.
3. Learned counsel appearing for the non-applicant submits that, in pursuance of order dated 28/03/2024, the non- applicant was enlarged on pre-arrest bail on condition that applicant shall appear before investigation officer i.e. on every Monday between 10.00 a.m. and 01.00 p.m. and shall cooperate with the investigating agency. However, the non-applicant could not appear because of his resident of Bhalukonha, Post-Thana Dhumka, District Rajandgaon (Chhitisgarh), and he is required to undertake a journey for more than nine hours to reach the concerned police station i.e. Tumsar Police Station. Learned counsel further submits that, on certain occasions when the non- applicant visited the concerned police station, the investigating officer was not available, which resulted in his inability to comply with the said condition.
4. There is no dispute that, by order dated 28/03/2024 passed in Criminal Application (ABA) No. 159 of 2024, this Court granted anticipatory bail to the non-applicant / accused, Radheshyam Harilal Bandhe, in connection with Crime No. 565 of 2023 registered with Tumsar Police Station, District Bhandara, for the offences punishable under Sections 406 and 420 of the Indian Penal Code. As per Condition No. (ii) of the said order, the non-applicant was required to attend the concerned police station once a week, i.e., every Monday between 10:00 a.m. and 1:00 p.m., and cooperate with the investigating agency. However, the non-applicant has admitted in para-8 of his reply that he resides at Bhalukonha, Post-Thana Dhumka, District Rajnandgaon (Chhattisgarh), and is required to undertake a journey approximately of nine hours to reach the concerned police station. However, the non-applicant has not given any satisfactory explanation about his absence on 02/12/2024, 09/12/2024, 16/12/2024 and 23/12/2024.
5. During the course of hearing, the learned counsel appearing for the non-applicant has placed on record a copy of the charge-sheet dated 29/05/2025, which was registered on 05/10/2026. Therefore, now interrogation of the accused is not at all required. The said charge-sheet indicates that, upon completion of the investigation, the investigating officer has filed the charge-sheet against the non-applicant/accused and others in connection with Crime No. 565 of 2023 registered with Tumsar Police Station, District Bhandara, for the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code.
6. Thus, although the non-applicant failed to appear before the investigating officer on the aforesaid dates and has not furnished a satisfactory explanation for such absence, the subsequent filing of the charge-sheet indicates that the investi- gation has been completed. Therefore, considering the nature of offence and the absence of the present non-applicant on above dates, it would be just and proper to impose the penalty in form of costs of Rs. 50,000/- in the account of Public Welfare Fund Account, maintained with the Union of Bank of India, High Court Branch, Nagpur, during the course of the day.
7. In view of the above discussion, the application stands disposed of in the aforesaid terms. (Y.G. KHOBRAGADE, J.) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 13/10/2026 16:05:47