Kishor Devidas Kale v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3612 OF 2025 Kishor Devidas Kale ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Sachin B. Thorat i/b. Mr. Yogesh G. Thorat, for the Applicant. Ms. S. M. Yadav, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

20th JANUARY 2026 PC:- 1.

Heard Mr. Thorat, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP appearing for the Respondent-State.

2.

This application is filed under 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail in connection with C.R. No.250 of 2023 registered with Lonikand Police Station, Pune, for the offences punishable under Sections 143, 147, 354, 427, 323, 504 and 506 of the Indian Penal Code, 1860.

3.

The prosecution case is set out in paragraph Nos.2 and 3 of the order dated 17th December 2025 passed by the learned

Additional Sessions Judge, Pune in Criminal Bail Application No.6477 of 2025, which reads as under:

"2. Afore crime emerged from the report dated 01/04/2023 lodged by the informant Savita Pharate, alleging therein that she owns land Gut No.10 situated at village Lonikand and the revenue record of the said land is standing in the name of her brothers namely Hemant and Shekhar. She has constructed residential house over the said land and she is paying the Grampanchayat tax. She has constructed four shops beside the road in the said land and she has let out the said shops. She has filed the Civil Suit bearing No.662/2020 before the Civil Court, Pune for claiming her exclusive ownership over the said properties. In the year 2019, she received the notice of PMRDA for demolition of illegally constructed house and she has made representation in response to said notice. However, till date PMRDA did not took any action.

3. It so happen that on 16/03/2023 at around 07:30 am, fifteen to twenty people came with JCB and demolished the shops. When she tried to intervene, miscreants misbehaved with her and tore her wearing apparel. They further physically accosted her, hurl abuses and outraged her modesty. She alleged that afore incident took place at the behest of her brothers. On the basis of aforesaid allegations, afore crime is registered."

4.

It is the submission of learned Counsel appearing for the Applicant that the Applicant is an Advocate by profession. He submits that the only allegation against the Applicant is that he has given legal advise. He submits that the charge-sheet has already

been filed. He submits that there are no antecedents against the Applicant.

5.

Ms. Yadav, learned APP strongly opposes the Anticipatory Bail Application. She submits that the offence is very serious. Therefore, Anticipatory Bail Application be rejected. 6.

Perusal of the record shows that, the charge-sheet is already filed. Thus, the investigation is completed. Therefore, custodial interrogation of the Applicant is not required. There are no other antecedents against the Applicant.

7.

Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Kishor Devidas Kale in connection with C.R. No.250 of 2023 registered with the Lonikand Police Station, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.10,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the Lonikand Police Station, Pune, as and when called by the Investigating Officer and shall cooperate with the investigation. (c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

8.

The Anticipatory Bail Application is disposed of accordingly. Digitally signed by SONALI MILIND PATIL Date:

2026.01.22 10:04:52 +0530 [MADHAV J. JAMDAR, J.] SONALI MILIND PATIL