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Bombay High CourtAPPLN/19/2025disposedoff

State Of Maharashtra Through Police Station Officer, Police Station Tumsar Dist. Bhandara v. Radheshyam Harilal Bandhe

2025-10-10Hon'Ble Shri Justice Rajnish R. Vyas3 pages

1 / 3 38.appln19.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 19 OF 2025 State of Maharashtra, Thru. PSO, PS Tumsar, Dist. Bhandara Vs.

Radheshyam Harilal Bandhe ------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------- Mr. Piyush P. Pendke, Advocate for applicant/State. CORAM : RAJNISH R. VYAS, J.

DATE : 10.10.2025 This is an application preferred by the State for cancellation of bail of the non-applicant. The nonapplicant was duly served long back in the month of June 2025, and thereafter, nobody has appeared on his behalf. 2.

I have heard Mr. Pendke, learned Assistant Public Prosecutor for the applicant/State. He has brought my attention to the order passed by this Court in Criminal Application (ABA) No.159/2024 dated 28.03.2024, more particularly, Condition No. (ii) at Page No.13, which reads thus:

"(ii) The applicant shall attend the concerned police station once in a week i.e. on every Monday between 10:00 a.m. and 1:00 p.m. and shall cooperate with the investigating agency."

2 / 3 38.appln19.2025 3.

By way of said condition, the non-applicant was directed to attend the police station, once in a week i.e. on every Monday between 10:00 a.m. and 1:00 p.m. The order dated 28.03.2024 was an interim order, which was subsequently confirmed on 18.06.2024, in which the following conditions were put :

"6. Hence, the application is allowed and the interim protection granted to the applicant vide order dated 28.03.2024 is hereby confirmed on the same terms and conditions.

7. The applicant shall attend the concerned police station as directed, till filing of the charge-sheet." 4.

The aforesaid conditions, imposed while granting bail to the non-applicant/accused shows that the accused was under an obligation to attend the Police Station on every Monday.

5.

Learned Assistant Public Prosecutor, on instructions, has stated that till date charge-sheet is not filed. He has also brought my attention to the station dairy entry dated 26.12.2024, which is at Page 18, which records that the accused is not attending the Police Station as directed. It is thus crystal clear that accused has no respect for law and has violated the bail condition. 6.

In that view of the matter, bail granted to the accused vide order dated 18.06.2024 in Criminal

3 / 3 38.appln19.2025 Application (ABA) No.159/2024 in connection with Crime No.565/2023 for commission of offences punishable under Section 406 and 420 of the Indian Penal Code is hereby cancelled.

7.

The non-applicant/accused is directed to surrender within one week from today before the trial Court.

8.

Accordingly, the criminal application is allowed.

9.

Further, it is made clear that though vide order dated 24.04.2025, Criminal Application (Appln) No.108/2024 was directed to be tagged, but since the said application, i.e. Criminal Application (Appln) No.108/2024, is not listed today, no order is passed thereupon. Criminal Application No.108/2024 be listed on 17.10.2025.

(Rajnish R. Vyas, J.)