Ananda Nivrutti Kamate And Others v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 927 OF 2025
1. Ananda Nivrutti Kamate
2. Atul Shivaji Shinde
3. Amol Bandopant Hulawale ...Appellants
Versus
The State of Maharashtra And Another
...Respondents
.....
Mr. Rahul Dhaigude a/w Ms. Sujata Lohar, Advocate for the Appellants.
Mr. Manoj B. Bagal, appointed Advocate for Respondent no.2 through legal-aid.
Dr. A. A. Takalkar APP for the Respondent-State. .....
CORAM
:
SHIVKUMAR DIGE, J.
DATE :
12th DECEMBER 2025 P.C.
1.
By this Appeal, Appellants are seeking regular bail in Crime No.41 of 2022 registered with Shirval Police Station, District Satara for the offences punishable under Sections 302, 201, 120-B r/w Section 34 of the Indian Penal Code, 1860 (for short "IPC") and Sections 3 & 25 of the Arms Act and under Section 3(2)(va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.
Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.12.16 11:43:06 +0530 SAJAKALI LIYAKAT JAMADAR
2.
It is alleged that the appellants have murdered the deceased on the ground of financial dispute.
3.
It is contention of learned counsel for the Appellants that the appellants were released on regular bail but they have been rearrested as non-bailable warrant was issued against them because they were not attending the trial. When they approached the Sessions Court for cancellation of non-bailable warrant, they are taken into custody. Learned counsel for the appellants on instructions submits that the appellants undertake to attend each and every date of the trial Court. As appellants were already released on bail, this appeal be allowed.
4.
It is contention of learned APP along with learned counsel for Respondent No.2 that Appellants were not attending the trial Court regularly because of that trial was prolonged. The learned trial Judge has passed well reasoned order. The appellants have breached the conditions of attending the Court dates regularly. Hence, requested to dismiss the appeal.
5.
I have heard all the learned counsels, perused the documents placed on record. The appellants were already released on bail but they are taken into custody as they were not attending the
Court dates regularly. The appellants undertake to attend the Court dates regularly.
6.
In view of the above, I pass the following order :
ORDER
(i) The appeal is allowed;
(ii) The Appellants be enlarged on bail in Crime No.41 of 2022 registered with Shirval Police Station, District Satara, on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.
(iii) The appellants shall attend the trial Court each and every date, regularly unless exempted by the trial Court.
7.
The appeal is allowed in the aforesaid terms and is accordingly disposed off.
8.
It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.
9.
All concerned to act on the authenticated copy of this order.
10.
As learned Advocate is appointed to represent Respondent No.2 through legal-aid, professional fees of Rs.10,000/- be paid to him.
(SHIVKUMAR DIGE, J.)