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Bombay High CourtAPPLN/1242/2025disposed off

Sanjay Sudhakar Joshi And Others v. The State Of Maharashtra And Others

2025-07-09Hon'Ble Shri Justice Advait Mahendra Sethna4 pages

1 of 4 921-ABA.452.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 ANTICIPATORY BAIL APPLICATION NO. 452 OF 2025 DNYANESHWAR BHAUSAHEB KAWADE AND ANOTHER

VERSUS

THE SUPERINTENDENT OF POLICE AND ANOTHER ...

Mr. Krishna P. Rodge h/f. Mr. Sanket N. Suryawanshi, Advocate for Applicants.

Mr. K. K. Naik, APP for Respondent-State.

...

WITH CRIMINAL APPLICATION NO. 1242 OF 2025 IN ABA/452/2025 SANJAY SUDHAKAR JOSHI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Onkar Mukund Joshi, Advocate for Applicants. Mr. K. K. Naik, APP for Respondent-State.

...

WITH CRIMINAL APPLICATION NO. 1526 OF 2025 IN ABA/452/2025 RAJENDRA DHONDIBA DORKHE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Santosh C. Bhosle, Advocate for Applicants. Mr. K. K. Naik, APP for Respondent-State.

...

WITH CRIMINAL APPLICATION NO. 1572 OF 2025 IN ABA/452/2025 MANOHAR SHRIKISAN KATKADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

2 of 4 921-ABA.452.2025 Mr. Sandip Ramnath Andhale, Advocate for Applicants. Mr. K. K. Naik, APP for Respondent-State.

...

CORAM :

ADVAIT M. SETHNA, J.

DATE :

9th JULY, 2025 P.C.:- 1.

Heard learned Advocate for the parties.

2.

At the very outset, Mr. Naik on written instructions would submit that Applicant No.1 is arrested. This position is not controverted by learned Advocate for Applicant No.1. Considering such position, the anticipatory bail application qua Applicant No.1 has become infructuous. It is accordingly dismissed. 3.

As far as Applicant No.2 is concerned, there are several orders passed by this Court from time to time. In particular, the Court may note the reasoned orders dated 13 June 2025, 16 June 2025 followed by the reasoned order dated 18 June 2025. The last order dated 18 June 2025 after making observations in paragraph No.2 has categorically noted in paragraph No.3 that the proceedings are to be listed for compliance today i.e. on 9 July 2025. 4.

Mr. Krishna Rodge holding for Mr. Sanket Suryawanshi for the Applicant No.2 would submit there are some Affidavits filed according to him which are in the nature of settlement proposed by

3 of 4 921-ABA.452.2025 Applicant No.2. However, pertinent it is to note that not once these developments and/or Affidavits have been brought to the notice of the Court, when the matter was listed on 13 June 2025 followed by 16 June 2025 and 18 June 2025. It appears that the same are placed on record only as a matter of mere formality. Be that as it may, here is an Applicant, who has no regard for the orders of this Court. His conduct would clearly show that he has not left the single stone unturned to flee from justice. Mr. Naik, learned APP would support such position. 5.

It is abundantly clear that though the matter is listed for compliance today, as directed in the order dated 18 June 2025, the said order is not complied with inasmuch as, the learned APP would state that Applicant No.2 continues to abscond and until date, he has not surrendered. In fact such non-compliance arises from an order dated 28 January 2025 passed by this Court directing the Applicants to surrender before the Investigating Officer of Shevgaon Police Station on or before 11 February 2025.

6.

Considering the above, the Court is left with no alternative but to dismiss the anticipatory bail application of Applicant No.2, as such proceeding is an exception and not the rule. Applicants like the present do not deserve any indulgence from the Court in such factual complexion.

4 of 4 921-ABA.452.2025 7.

Anticipatory bail application is dismissed for Applicant No.1 and rejected for Applicant No.2.

(ADVAIT M. SETHNA, J.) Tauseef