Sambhaji Satyavan Phate v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2513 OF 2025 Arvind Jalindar Sutkar ... Applicant

Versus

The State of Maharashtra ... Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 2485 OF 2025

1. Sambhaji Satyavan Phate

2. Kishor Mahaveer Govardhankar ... Applicants

Versus

The State of Maharashtra ... Respondent *** Mr. Vikrant Vishwanath Phatate a/w Mr. Ashutosh Purwant for the Applicant in ABA-2513-2025.

Mr. Hrishikesh Sopan Shinde a/w Adv. Neha G. Deshpande for the Applicant in ABA-2485-2025.

Mr. S. S. Chaudhary, A. P. P. for the Respondent-State. ***

CORAM

: M.W. CHANDWANI, J.

DATE : 27th April, 2026.

P. C. :

1.

Since, both the applications arise out of the same crime, they are being disposed of by this common order.

2.

The applicants are apprehending arrest in connection with Crime No. 0758 of 2025, registered with Sadar Bazar Police Station, District Solapur, for the offences punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Heard the learned Counsels for the parties. I have gone through the case diary.

4.

All the three applicants are borrowers of Karur Vaishya Bank, Railway Lines Branch, Solapur. They had obtained loans by pledging gold; however, it was subsequently revealed that the said gold was fake. Consequently, the aforesaid crime came to be registered against them. 5.

It appears that this Court had granted interim protection to all the three applicants upon them undertaking to deposit the outstanding loan amounts. It is a matter of record that Applicant-Arvind Jalindar Sutkar has repaid the entire loan amount, as reflected in the FIR itself. 6.

Insofar as Applicant No. 1 - Sambhaji Satyavan Phate in Anticipatory Bail Application No. 2485 of 2025 is concerned, the FIR reflects that an amount of approximately Rs. 7,56,200/- is outstanding. The said applicant has deposited an amount of Rs. 8,00,000/- with this Court. 7.

Insofar as Applicant No. 2 - Kishor Mahaveer Govardhankar in Anticipatory Bail Application No. 2485 of 2025 is concerned, he failed to comply with the order of this Court and consequently, his interim relief was

vacated by order dated 19.01.2026.

8.

It is further noted that, pursuant to the directions of this Court, the applicants who were granted interim protection attended the concerned police station and cooperated with the investigation. Nothing remains to be seized from Applicant Sambhaji Satyavan Phate and Applicant Arvind Jalindar Sutkar; therefore, their custodial interrogation may not be required. No useful purpose would be served by keeping them in custody at the pretrial stage. 9.

Insofar as Applicant No. 2 - Kishor Mahaveer Govardhankar is concerned, this Court has already vacated the interim relief granted in his favour. Moreover, he has not cooperated with the investigation which disentitles him for extraordinary relief and therefore, no case is made out for grant of anticipatory bail to him. Hence, the following order: ::ORDER::

a) Anticipatory Bail Application No. 2513 of 2025 is allowed. b) Anticipatory Bail Application No. 2485 of 2025 is partly allowed.

c) Anticipatory Bail Application of Applicant No. 2 - Kishor Mahaveer Govardhankar in Anticipatory Bail Application No. 2485 of 2025 is rejected.

d) In the event of arrest in connection with Crime No. 0758 of 2025, registered at Sadar Bazar Police Station, District Solapur, for the aforesaid offences, Applicant-Arvind Jalindar Sutkar (in Anticipatory Bail Application No. 2513 of 2025) and ApplicantSambhaji Satyavan Phate (in Anticipatory Bail Application No. 2485 of 2025) shall be released on bail upon furnishing a P.R. bond of Rs. 25,000/- each with one solvent surety each in the like amount.

e) The applicants shall appear before the concerned police station as and when directed and shall cooperate in the investigation.

f) The Applicants shall not tamper with the prosecution evidence or threaten the prosecution witnesses and shall fully cooperate in the investigation.

g) With these directions, the Application stands disposed of. [ M.W. CHANDWANI, J. ] by TALLE SHUBHAM ASHOKRAO Date:

2026.04.28 19:05:43 +0530 TALLE SHUBHAM ASHOKRAO