Yogesh Eknath Shilimkar v. The State Of Maharashtra And ANR
79-IA-4987-2024 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4987 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 155 OF 2023 Yogesh Eknath Shilimkar ...Applicant In the matter between:
Rahul S. Kakade ...Applicant
Versus
The State of Maharashtra
...Respondent
SNEHA NITIN CHAVAN **** Mr.Vishal Kolekar a/w Harshavardhan Patil for the Applicant. Mr. S.S. Chaudhari, APP for Respondent/State. **** SNEHA NITIN CHAVAN Date: 2025.07.18 19:03:26 +0530 CORAM :
M.M. SATHAYE, J.
DATE :
17th JULY, 2025 P.C. :
1.
This is an application by complainant for cancellation of anticipatory bail granted to Respondent No.2 under order dated 27.06.2024.
2.
Learned Counsel for the Applicant has pointed out that Respondent No.2 had given an undertaking in this Court for payment of certain amount in 3 installments starting from 10.07.2024 to 14.08.2024. It is further pointed out that based on this undertaking, the anticipatory bail application was allowed. It is further pointed out that liberty was granted to the Applicant/complainant to apply for cancellation of bail in case the present Respondent No.2 fails to comply with the undertaking.
Sneha Chavan 1/2
79-IA-4987-2024 (CR).doc 3.
In the present application, the Applicant has stated on oath in ground Nos. (c) and (d) that Respondent No.2 has failed to make payments and breach the condition. It is further stated on oath that Respondent No.2 has misused the liberty granted by this Court. 4.
Despite due service of notice upon Respondent No.2, nobody appeared for Respondent No.2 on 11.07.2025. In order to give one more opportunity to Respondent No.2, the matter was adjourned today. Today also nobody appears for Respondent No.2. 5.
Considering the un-controverted statement about breach of condition imposed by this Court, a case for cancellation of anticipatory bail is made out.
6.
The present application is accordingly allowed. Anticipatory bail granted to Respondent No.2 by order dated 27.06.2024 by this court in Anticipatory Bail Application No. 155 of 2023, is cancelled. 7.
Learned APP to inform the concerned Investigating Officer about this order.
8.
Interim Application is disposed of in the above terms. (M.M. SATHAYE, J.) Sneha Chavan 2/2